Confession to Police--Confession Made In Police Custody Not Admissible Even Though Before Registration of FIR -- Hit By Bar Of Section 26, Not Section 25
A confession made by a person in police custody is inadmissible under Section 26 of the Evidence Act unless made in the immediate presence of a Magistrate. Section 26 operates independently of Section 25: while Section 25 bars confessions made to a police officer, Section 26 bars confessions made by a person in police custody — to any person — even before FIR registration and even where the person is not yet formally accused.
