Section 25 IEA: Confession to police-officer not to be proved

Indian Evidence Act, 1872

Section 25 IEA at a Glance

Section 25 IEA deals with confession to police-officer not to be proved. From 1 July 2024 it is replaced by Section 23(1) BSA.

Section 25 IEA Bare Act Text

25. Confession to police-officer not to be proved

No confession made to a police-officer, shall be proved as against a person accused of any offence.

Source: Section 25, Indian Evidence Act, 1872

Section 25 IEA in Simple Words

Section 25 of the Indian Evidence Act, 1872 stops a confession given to a police officer from being proved against an accused person. When someone is accused of any offence, no party can prove such a confession against that accused person.

For Section 25 IEA to apply, the statement has to be a confession given to a police officer. The law then forbids proving that confession against someone who stands accused of an offence. The prohibition applies regardless of which offence the person is accused of committing.

When Section 25 IEA Applies

  • A person makes a statement that is a confession to a police officer.
  • A party in a case seeks to prove that confession against someone who stands accused of an offence.
  • The court must not allow that confession to be proved against the accused person, regardless of the offence charged.

Example of Section 25 IEA

In 2022, police in Jaipur question Ramesh about a theft, and Ramesh confesses to a police inspector. At the trial, Ramesh stands accused of the offence of theft, and the prosecution tries to prove that confession. Under Section 25 IEA, a confession given to a police officer cannot be proved against an accused person. The court refuses to let the prosecution prove the confession against Ramesh.

Section 25 IEA in the BSA

Section 25 IEA is now covered under Section 23(1) BSA.

Section 25 of the Indian Evidence Act, 1872 became Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. Sections 25, 26 and 27 of the IEA now sit together in one BSA section.

View detailed comparison (IEA 25 vs BSA 23(1)) โ†’

FAQs on Section 25 IEA

What is Section 25 IEA?โ–ผ

Section 25 of the Indian Evidence Act, 1872 is the rule that stops a confession given to a police officer from being proved against an accused person. It applies whenever a person stands accused of an offence.

Can a confession given to a police officer be proved against the accused person in court under Section 25 IEA?โ–ผ

No. Section 25 IEA forbids proving any confession given to a police officer against a person who is accused of an offence.

Does Section 25 IEA apply only to certain types of offences?โ–ผ

No. The text of Section 25 IEA covers someone who is accused of any offence. It does not restrict the bar to specific offences.

What is Section 25 IEA in BSA?โ–ผ

Section 25 IEA became Section 23(1) BSA on 1 July 2024. The rule is the same, and Sections 25, 26 and 27 IEA sit together in Section 23 BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ยท