Confession to police officer.

What this section does

No confession made to a police officer is provable against the accused. Similarly, no confession made while in police custody is provable unless made in the immediate presence of a Magistrate. However, where a fact is discovered as a consequence of information received from an accused in police custody, so much of that information as distinctly relates to the fact discovered is admissible, whether or not it amounts to a confession.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Confessions to police officers or made in police custody (without a Magistrate present) are inadmissible; only the discovery-linked portion of such information is admissible.

When it applies

• An accused in police custody says 'I hid the knife under the floorboard' and the knife is found there — the portion of the statement relating to the discovery of the knife is admissible.
• An accused confesses in full detail to a police officer — the entire confession is inadmissible against him regardless of its voluntariness.

• EVIDENCE Section 25 — Confession to police officer — not provable