Section 25 of Indian Evidence Act, 1872: Explained!
Section 25 of the Indian Evidence Act, 1872 states that:
"No confession made to a police officer shall be proved as against a person accused of any offence."
This means that any confession made by an accused person to a police officer is inadmissible in court as evidence against them. This is because there is a high risk that such confessions may have been obtained through coercion or torture, or that the accused person may not have fully understood the implications of their confession.
The Supreme Court of India has held that Section 25 is a fundamental safeguard against police torture and abuse, and that it is essential for ensuring the fairness of trials. The Court has also held that the exclusionary rule under Section 25 is absolute, and that there are no exceptions to it.
There are a few important things to note about Section 25:
- It applies to all confessions made to police officers, regardless of the rank of the officer or the nature of the confession.
- It applies to all offences, regardless of their severity.
- It is irrelevant whether the confession was made voluntarily or involuntarily.
- The exclusionary rule under Section 25 is absolute, and there are no exceptions to it.
If an accused person makes a confession to a police officer, the police officer is required to inform the accused person of their right to remain silent and their right to have an advocate present before they make any further statements. The police officer must also ensure that the confession is recorded in writing and signed by the accused person.
If a confession made to a police officer is admitted as evidence in court, the accused person may appeal the conviction on the ground that the trial was unfair.
Section 25 is an important safeguard against police abuse and torture, and it plays a vital role in protecting the rights of accused persons.