Indian Evidence Act
IEA 26 is now BSA 23(2).
Confession by accused while in custody of police not to be proved against him · BSA 23 brings it together with IEA 25 and 27.
Merged
45% of the old wording kept
Old · IEA 1872 · Ch. II
s. 26
Confession by accused while in custody of police not to be proved against him
No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate,34 shall be proved as against such person. 35[Explanation.—In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 36р* * *] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882)37.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 23(2)of section 23
Confession to police officer.
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
Text from India Code