Evidence Act Section 26 in BSA
Evidence Act Section 26 corresponds to BSA Section 23(2) under the Bharatiya Sakshya Adhiniyam, 2023.
| Old provision | Indian Evidence Act, 1872, Section 26 |
|---|---|
| New provision | 23(2) |
| New Act | Bharatiya Sakshya Adhiniyam, 2023 |
| Mapping | Mapped |
BSA Section 23(2) — Confession by accused while in custody of police not to be proved against him
Drafting note. Heading is dropped as the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him".
(1) No confession made to a police officer shall be proved as against a person accused of any offence (2) 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 against him: Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
Questions this page answers
What is Evidence Act 26 in BSA?
Evidence Act Section 26 is BSA Section 23(2) — Confession by accused while in custody of police not to be proved against him.
Has the provision changed?
Heading is dropped as the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him".
Which law applies to an offence today?
Offences committed on or after 1 July 2024 are dealt with under the Bharatiya Sakshya Adhiniyam, 2023; earlier offences continue under the Indian Evidence Act, 1872.
Official data, Public source · as of 2026-07-05 · every row this page summarises carries its source, capture date and licence through the API.