IEA Section 26 — Confession by accused while in custody of police not to be proved against him

Summary

A confession made by a person while they are in police custody cannot be used as evidence against them in court, unless the confession was made directly in front of a magistrate. This rule applies regardless of whether the confession was voluntary or not.

Official Text

No 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.

Related Judgments

• TIRATH SINGH YADAV vs STATE — Delhi High Court (2019)
• JAFARUDHEEN & ORS. vs STATE OF KERALA — Supreme Court of India (2022)
• NAGAMMA @ NAGARATHNA & ORS. vs THE STATE OF KARNATAKA — Supreme Court of India (2025)
• DIPAKBHAI JAGDISHCHANDRA PATEL vs STATE OF GUJARAT AND ANOTHER — Supreme Court of India (2019)
• STATE OF MAHARASHTRA vs KAMAL AHMED MOHAMMED VAKIL ANSARI & ORS — Supreme Court of India (2013)
• TOFAN SINGH vs STATE OF TAMIL NADU — Supreme Court of India (2020)

Old <-> New Code Mapping

• BSA §23 — Confession to police officer