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Q126 (CISF/2022) Polity & Governance › Judiciary

When is a confessional statement by an accused to be proved against him in criminal proceedings ?
1. When it is made to a police officer
2. When it is made in the immediate presence of a Magistrate
3. When it is made to a respectable person of the locality where he resides
Select the correct answer using the code given below :

Explanation

The admissibility of confessions in India is governed by the Indian Evidence Act, 1872 (now replaced by the Bharatiya Sakshya Adhiniyam, 2023). The following rules apply:

  • Statement 1 is incorrect: Section 25 of the Evidence Act (Section 23 of BSA) mandates that no confession made to a police officer shall be proved against an accused. This is to prevent custodial torture and coerced statements.
  • Statement 2 is correct: Section 26 (Section 23(2) of BSA) states that a confession made by a person while in police custody cannot be proved against them unless it is made in the immediate presence of a Magistrate. The presence of a Magistrate acts as a safeguard for voluntariness.
  • Statement 3 is incorrect: While extra-judicial confessions made to private individuals are admissible if voluntary, the law does not define or require a "respectable person of the locality" as a specific condition for a confession to be proved against an accused.
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