Report No. 69

III. History

11.25. The section, like the preceding sections, is derived from the Code of Criminal Procedure, Act 25 of 1861. We have already traced in detail the history of all the sections.4 But it will be convenient to reproduce the earlier section again. We therefore cite below sections 148, 149 and 150 of Act 25 of 1861, section 150 of Act 8 of 1869, and sections 25, 26 and 27 of Act 1 of 1872 in juxtaposition.

Act 25 of 1861	Act 8 of 1869	Act 1 of 1872 (Evidence Act)
S. 148. No confession or admission of guilt made to to police officer shall be used as evidence against a person accused of any offence.		S. 25. No confession made to a police officer shall be used as evidence against a person accused of any offence.
S. 149. No confession or admission of guilt made by any person whilst he is in custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be used as evidence against such person. of police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person.		S. 26. No confession made by any person whilst he is in the custody of police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person.
S. 150. When any fact is deposed to by a police officer as discovered by him in consequence of information received from a person accused of any offence, so much of such information, whether it amounts to a confession or admission of guilt or not, as relates distinctly to the fact discovered by it, may be received in evidence.	S. 150. Provided that any fact that is deposed to in evidence as discovered in consequence of information received from a person accused of any offence, or in the custody of a police officer, so much of such information, whether it amounts to a confession or admission of guilt or not, as relates distinctly to the fact thereby discovered, may be received in evidence.	S. 27. Provided that any fact is to depose discovered in consequence of information received from a person accused of any offence in the custody of a police officer so much of such information, whether its amounts to a confession or not, as relates, distinctly to the fact thereby discovered may be proved.