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Report No. 185

17. Substitution of sections 26 and 27.-

For sections 26 and 27 of the principal Act, the following sections shall be substituted, namely:-

"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, shall be proved as against such person, unless it is recorded by a Magistrate in accordance with Chapter XII of the Code of Criminal Procedure, 1973.

27. Discovery of facts at the instance of the accused.- Notwithstanding anything to the contrary contained in sections 24 to 26, when any relevant fact is deposed to as discovered in consequence of information received from a person accused of any offence, whether or not such person is in the custody of a police officer, the fact so discovered may be proved, but not the information, whether it amounts to a confession or not:

Provided that facts so discovered by using any threat, coercion, violence or torture shall not be provable."



Review of the Indian Evidence Act, 1872 Back




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