Article 39: Confession by accused while in custody of police not to be proved against him.—

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Confession by accused while in custody of police not to be proved against him.— Subject to Article 40, no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Explanation. — In this Article, “Magistrate” does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).

Effective date: 1984-10-28

Related sections

Article 38: Confession to police officer not to be proved.— No confession made to a police officer Article 40: How much of information received from accused may be proved.— When any fact is Article 37: Confession caused by inducement, threat or promise, when irrelevant in criminal Article 41: Confession made after removal of impression caused by inducement, threat or Article 36: Admissions in civil cases when relevant.— In civil cases no admission is relevant, if it is Article 42: Confession otherwise relevant not to become irrelevant because of promise of secrecy,

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