All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
55.

A murders his wife and two children and goes to the nearest police station and surrenders and confesses to the crime. Is this statement admissible as evidence against A in court ?

Principle :

Under section 26 of the Indian Evidence Act, 1872 no confession made by any person while in the custody of a police officer, unless made in the immediate presence of a Magistrate, shall be proved as against such person.
A: A's statement is admissible only if it was made to a police officer of the rank of Deputy Superintendent of Police or higher.
B: A's statement because this was is a admissible voluntary confession and the police employed no force.
C: A's statement is admissible only if it was made to a police officer of the rank of Superintendent of Police or higher.
D: A's statement is admissible because A was not arrested and in the custody of the police when the confession was made.
E: A's statement is inadmissible because A was in the custody of the police while the confession was made.

The answer is: E

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Explanation

The correct option is E: A's statement is inadmissible because A was in the custody of the police while the confession was made.

Explanation:

Section 26 of the Indian Evidence Act, 1872, states that no confession made by any person while in the custody of a police officer shall be proved as against such person unless it is made in the immediate presence of a Magistrate.

In this case, A confessed to the crime at the police station after surrendering. Since he was in the custody of the police at the time of making the confession, the statement is not admissible as evidence against him unless it was made in the immediate presence of a Magistrate, which is not mentioned in the scenario.

Option E correctly reflects the application of Section 26 of the Indian Evidence Act, as A was in police custody when making the confession, making it inadmissible in court.