Confession by accused while in custody of police not to be proved against him
AI Assist
Summary
Confessions made while a person is in the custody of a police officer cannot be proved against them in court unless the statement was made in the immediate presence of a Magistrate. A village head is not treated as a Magistrate for this purpose unless exercising powers under the CrPC. Such confessions are therefore inadmissible as evidence.
Example
Priya is arrested and while in police custody tells the officers she took a neighbour's cash. Because she did not make that statement in the immediate presence of a Magistrate, the confession cannot be proved against her in court.
Bare Act
Enacted textNo confession made by any person whilst the is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate1, shall be proved as against such person.
Explanations
In this section Magistrate does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882)4.
- A Coroner has been declared to be Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871) section 20.
Previous year papers
Pick your exam. we'll email the most recent paper.