Indian Evidence Act, 1872
IEA Section 26 in BSA
Confession by accused while in custody of police not to be proved against him. Section 26 of the Indian Evidence Act, 1872 (Confession by accused while in custody of police not to be proved against him) corresponds to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, Evidence Act & Bharatiya Sakshya Adhiniyam, worth 18 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Assertion (A) and Reason (R) are given below. Decide whether each is true, and if so whether (R) correctly explains (A). Assertion (A): A confession made to a police officer is inadmissible even if it leads to the discovery of a fact. Reason (R): So much of the information as distinctly relates to the fact thereby discovered may be proved.
Answer & explanation
(A) is false, but (R) is true
(A) is wrong: § 23(2) BSA (§ 27 IEA) is an exception. (R) states that exception correctly, which is why (A) is false and (R) is true.
A confession made to a police officer is:
Answer & explanation
Not provable against a person accused of any offence
BSA Section 23(1) corresponds to IEA Section 25. The bar is absolute and applies irrespective of whether the maker was in custody at the time.
So much of the information given by an accused in police custody as distinctly relates to the fact thereby discovered is:
Answer & explanation
Admissible in evidence to the extent it relates to the fact discovered
This is the discovery exception, corresponding to IEA Section 27, now in the proviso to BSA Section 23(2). Only that part of the statement which distinctly relates to the fact discovered is admissible.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 23 | Admissions in civil cases when relevant | 21 |
| 24 | Confession caused by inducement, threat or promise, when irrelevant | 22 |
| 25 | Confession to police officer not to be proved | 23(1) |
| 27 | How much of information received from accused may be proved | 23(2) proviso |
| 32 | Cases in which statement of relevant fact by person who is dead or cannot be found is relevant | 26 |
| 33 | Relevancy of certain evidence for proving truth of facts stated in a former proceeding | 27 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table