Indian evidence law | Updated 20 October 2026

Section 25 Indian Evidence Act: Confession to Police Officer and Current Law

A confession made to a police officer generally cannot be proved against an accused person. The historic rule in Section 25 of the Indian Evidence Act, 1872 is now contained in Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

Current position: The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Section 23 consolidates the earlier rules in Sections 25, 26 and 27 of the Indian Evidence Act. Section 170 of the BSA preserves the former law for proceedings pending immediately before commencement, subject to its terms.

What did Section 25 of the Indian Evidence Act, 1872 say?

No confession made to a police-officer, shall be proved as against a person accused of any offence.

This rule excluded confessions made to police officers from being proved against an accused in criminal proceedings. The prohibition is not limited to confessions made inside a police station or after a formal arrest. Whether a statement is truly a confession, and whether its recipient is legally a police officer for this purpose, depend on the applicable law and facts.

Current provision: Section 23 of the Bharatiya Sakshya Adhiniyam, 2023

Section 23(1): Confessions made to police officers

No confession made to a police officer shall be proved as against a person accused of any offence.

This substantially continues the prohibition in former Section 25. The rule concerns the use of a confession against the accused; it should not be confused with every factual statement made to an investigating officer.

Section 23(2): Confessions while in police custody

A confession made while a person is in police custody cannot be proved against that person unless made in the immediate presence of a Magistrate. This carries forward the substance of former Section 26 of the Evidence Act. The two restrictions operate on different grounds: the recipient being a police officer, and the maker being in police custody.

Proviso to Section 23(2): Discovery of facts

When a fact is discovered as a consequence of information received from an accused in police custody, only the portion of that information which relates distinctly to the fact discovered may be proved. This limited discovery exception corresponds to former Section 27; it does not make an entire police confession admissible.

Examples explaining the rule

Direct confession to police: If an accused tells an investigating police officer, "I committed the theft," the confession cannot ordinarily be proved against that accused under Section 23(1).
Statement in police custody: A confession to a private visitor while the maker remains in police custody is subject to Section 23(2), unless the statutory Magistrate-presence condition is met.
Discovery: If information from an accused in custody leads investigators to a concealed weapon, the distinctly discovery-related portion may be proved, subject to the statutory conditions and judicial scrutiny. Any wider confession remains excluded.

Related criminal procedure provisions

BNSS Section 181: Regulates the use of statements made to police during investigation, including specified use for contradiction of witnesses. It corresponds broadly to Section 162 of the Code of Criminal Procedure, 1973, cited in the original article. It is a separate rule from the confession prohibition in BSA Section 23.

BNSS Section 182: Prohibits police officers and other persons in authority from offering the inducement, threat or promise described in BSA Section 22.

BNSS Section 183: Governs the recording of confessions and statements by Magistrates, including safeguards intended to ensure that a confession is voluntary. Merely having a police officer record a confession does not satisfy those safeguards.

Can a police confession be used to convict an accused?

Ordinarily, the confession itself cannot be proved against the accused when barred by BSA Section 23(1). Courts may, however, consider independently admissible evidence, including properly proved discovery-related information within the narrow statutory proviso. A confession recorded by a Magistrate must satisfy the applicable procedural and evidentiary requirements. Special statutes may contain distinct rules, which require separate examination.

Official legal sources

Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF (Sections 22, 23 and 170).
Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code (Sections 181, 182 and 183).
Ministry of Home Affairs - New Criminal Laws.
Indian Evidence Act, 1872 - related articles.

This article is general legal information. The applicable statutory regime, admissibility of a particular statement and any special-law exception depend on the facts and procedural history of the case.