statements made while in police custody
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
while in custody they threatened with direconsequences and even ill treatment of child. so own up everything eventhough it is not under the control of the accused he cannot do anything he is simply a clerk so he has no power to do anything but he was forced to say and own up everythin is it valid in court
Guest
(Expert) 06 March 2010
Confessions made before police or in the custody of police nor at all admissible in evidence.... please see the law regarding this....
EVIDENCE ACT
section 25. Confession to police officer not to be proved
No confession made to a police officer shall be proved as against a person accused of any offence.
section 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, shall be proved as against such person.
Explanation- In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 19[***] or else where, unless such headman is a Magistrate exercising the power of a Magistrate under the Code of Criminal Procedure, 188220 (10 of 1882).
G. ARAVINTHAN
(Expert) 07 March 2010
Statements under 161(3) are in admissible during the trial
