Section 27 IEA: How much of information received from accused may be proved

Indian Evidence Act, 1872

Section 27 IEA at a Glance

Section 27 IEA deals with how much of information received from accused may be proved. From 1 July 2024 it is replaced by Section 23(2) BSA.

Now BSA

Section 23(2) →

Section 27 IEA Bare Act Text

27. How much of information received from accused may be proved
Provided that, when any fact is deposed to as 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 it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

Source: Section 27, Indian Evidence Act, 1872

Section 27 IEA in Simple Words

Section 27 of the Indian Evidence Act, 1872 lets a party prove part of the information given by an accused person in police custody. It applies when that information leads to the discovery of a fact.

For Section 27 IEA to apply, the information must come from someone who is accused of an offence and is in police custody. A fact must be discovered because of that information. That fact also has to be deposed to (stated in evidence in court) as discovered from the information.

When those requirements are met, only the part of the information that distinctly relates to the fact discovered through it may be proved. This applies whether or not the information amounts to a confession.

Any part of the information that does not distinctly relate to the discovered fact falls outside Section 27 IEA.

When Section 27 IEA Applies

A person who stands accused of an offence gives information while held in the custody of the police.
A fact is discovered as a consequence of that information, and a witness deposes in court to that discovery.
Only the part of the information that distinctly relates to the fact discovered through that information may be proved.
The rule applies whether or not the information given by the accused person amounts to a confession.

Example of Section 27 IEA

In 2021, Anita is arrested for theft in Bhopal, and while in police custody Anita admits stealing a gold chain and tells a police officer it is hidden under a stone behind a temple. Police go to the temple, find the gold chain under the stone, and depose in court that the gold chain was discovered because of the information received from Anita. Under Section 27 IEA, the part of the information stating that the gold chain is hidden under the stone behind the temple distinctly relates to the discovered fact and may be proved. The admission of the theft does not distinctly relate to the discovery of the fact and cannot be proved under Section 27 IEA.

When Section 27 IEA Does Not Apply

Section 27 IEA does not permit proving any part of the information from the accused person that does not distinctly relate to the fact discovered through that information.

Section 27 IEA in the BSA

Section 27 IEA is now covered under Section 23(2) BSA.

Section 27 of the Indian Evidence Act, 1872 became the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, and it is now a proviso rather than a section of its own. The IEA wording "the fact thereby discovered" reads "the fact discovered".

View detailed comparison (IEA 27 vs BSA 23(2)) →

FAQs on Section 27 IEA

What is Section 27 IEA?▼

Section 27 of the Indian Evidence Act, 1872 allows proving a specific part of information received from an accused person in police custody. When a fact is deposed to as discovered because of that information, the part that distinctly relates to the discovered fact may be proved.

Does Section 27 IEA allow the entire confession made in police custody to be proved when a fact is discovered?▼

No. Section 27 IEA allows proving only so much of the information as distinctly relates to the fact discovered through that information. Other parts of the confession cannot be proved under Section 27 IEA.

Does the information from the accused person have to be a confession for Section 27 IEA to apply?▼

No. Section 27 IEA applies whether or not the information received from the accused person in police custody amounts to a confession.

Must the accused person be in police custody when giving the information under Section 27 IEA?▼

Yes. The text of Section 27 IEA requires that the information be received from someone accused of an offence while held in police custody.

What is Section 27 IEA in BSA?▼

Section 27 IEA became the proviso to Section 23(2) BSA on 1 July 2024. The rule is the same, and it sits as a proviso in Section 23(2) BSA rather than a separate section, and the word thereby was dropped.

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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 ·