Police-custody confessions are inadmissible against the accused unless made in a Magistrate's immediate presence under the evidentiary safeguard. Section 26 creates an evidentiary bar against proving a confession made by a person while in police custody. Proof is permitted only where the confession ... Summary
Police-custody confessions are inadmissible against the accused unless made in a Magistrate's immediate presence under the evidentiary safeguard.
Section 26 creates an evidentiary bar against proving a confession made by a person while in police custody. Proof is permitted only where the confession is made in the immediate presence of a Magistrate. A village head discharging magisterial functions is excluded from the meaning of Magistrate unless exercising magisterial powers under criminal procedure law, while a coroner is recognised as a Magistrate for this purpose.
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