We often witness that police brutally make a person confess any offence which he didn’t commit. They do such acts just to avoid the investigation. For instance, fake encounter is common not in India but also all over the world. Section 24 of Indian Evidence Act states that if a person makes confession under the influence of inducement, threat or promise then such confession is irrelevant in criminal proceedings. For instance, fake encounter is common not in India but also all over the world
But the question is how the court will know whether the police investigated without causing inducement. At ground reality, it would be difficult to prove which will indirectly give rise to injustice.
So, we will further read the section and know whether confession made to a police officer is admissible in court?
Section 25 of Indian Evidence Act
Section 25 of Indian Evidence Act states that any confession which is against the accused, made to a police officer, shall not be admissible in court.
Pakala Narain Swami v. Emperor, AIR 1939 PC 47
In this case, the court held that if a person makes a confession to a police officer before or after the investigation, the confession won’t be admissible in the court. Apart from this, it doesn’t matter whether the person was accused or not while making a confession to the police officer.
Who is a police officer ?
Under section 173 of the Criminal Procedure Code , Police officer is the one who has the power to make an investigation, file a report, and have the power to frame a charge against the accused.
Abdul Rashid v. State of Bihar, AIR 2001 SC 2422
In this case, the court held that the excise officer was a police officer and falls under the preview of Section 25 of Indian Evidence Act.
State of Punjab v. Barkatram, AIR 1962 SC 276
In this case, the court held that the Custom officer is not a police officer under Section 25 of Indian Evidence Act.