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As per the provisions of the Indian Evidence Act, 1872, which one of the following statements regarding confession to police officer due to fear of arrest of his family members is correct ?
Explanation
Under the Indian Evidence Act, 1872, the confession described is hit by two primary sections:
- Section 25: It explicitly states that no confession made to a police officer shall be proved as against a person accused of any offence. This is an absolute exclusionary rule.
- Section 24: It provides that a confession made by an accused person is irrelevant in a criminal proceeding if it appears to the Court to have been caused by any inducement, threat, or promise proceeding from a person in authority.
The fear of arrest of family members constitutes a "threat" or "inducement" under Section 24, making the confession irrelevant. Furthermore, because it was made to a police officer, Section 25 prevents it from being proved (admitted). Therefore, in the context of the Act's terminology, such a confession is considered not relevant.
SIMILAR QUESTIONS
Which one of the following statements with respect to confession under the Indian Evidence Act, 1872 is correct?
As per the provisions of the Indian Evidence Act, 1872, opinion of experts is relevant when it is related to