Indian Evidence Act, 1872 · Section 26

IEA 26 in BSA: Section 23(2)

Section 26 of the Indian Evidence Act, 1872 corresponds to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023. IEA 26 deals with confession by accused while in custody of police not to be proved against him. BSA 23 brings it together with IEA 25 and 27. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA.

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
Also in BSA 23

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