POCSO--Confessional Statement in Police Custody--Confession Made to Medical Officer While in Police Custody Attracts Bar Under Section 26 of the Indian Evidence Act and Is Inadmissible in Evidence
A confessional statement made by an accused to a Medical Officer during medical examination while in police custody is inadmissible in evidence under Section 26 of the Indian Evidence Act, 1872. The bar under Section 26 is not confined to confessions made to police officers alone; it extends to confessions made to any person while the accused is in police custody, unless made in the immediate presence of a Magistrate. A statement directly acknowledging commission of the alleged criminal act constitutes a confession, not a mere admission, and attracts full statutory safeguards under Sections 24 to 26 of the Evidence Act.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
