A confession made in police custody is admissible under Section 26 of Evidence Act :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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96.

A confession made in police custody is admissible under Section 26 of Evidence Act :

A: if made in the presence of a doctor

B: if made in the presence of a captain of a vessel

C: if made in the presence of a Magistrate

D: none of the above.

The answer is: C

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Explanation

The correct option is C: if made in the presence of a Magistrate.

According to Section 26 of the Indian Evidence Act, 1872, no confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person. This provision is meant to protect the accused from any coercion, inducement, or threat by the police that may lead to a false confession.

A Magistrate is a judicial officer who can ensure that the confession is voluntary and not influenced by any external factors. Therefore, a confession made in police custody is only admissible if it is made in the presence of a Magistrate.