All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
91.

When the accused states, “I will produre the share which I gave received in such and such robbery” which of the following are not admissible with regard to Section 25, Indian Evidence Act ?


I. An admission that there was a robbery
II. An admission that the accused took part in it
III. An admission that he got part of the property
IV. A statement as to where the property is
A: I,II and III
B: III and IV
C: II, III and IV
D: All of them

The answer is: A

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Explanation

Option (A) is correct because according to Section 25 of the Indian Evidence Act, 1872, no confession made to a police officer shall be proved as against a person accused of any offence. Therefore, any admission made by the accused to a police officer about the robbery, his participation, or his share of the property is not admissible as evidence against him. However, a statement as to where the property is may be admissible under Section 27 of the same Act, which allows the discovery of any fact deposed to by the accused in consequence of his confession.