Report No. 185

Section 26

In the 69th Report, the recommendation was to revise the section as follows (see para 11.15), after omitting the Explanation:

"Section 26: 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 under section 164 of the Code of Criminal Procedure, 1973".

We recommend that it would be necessary to omit the words "under section 164" and add "in accordance with Chapter XII". With that modification, the section, after omitting the Explanation, will read as follows:

"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."