Section 26: Confession by accused while in custody of police not to be proved against him

Q: What does Section 26 of The Indian Evidence Act, 1872 (IEA) deal with?

Section 26 IEA pertains to "Confession by accused while in custody of police not to be proved against him". It is part of the The Indian Evidence Act, 1872, a legislation enacted by the Parliament of India. Section 26 of The Indian Evidence Act, 1872 (IEA) governs confession by accused while in custody of police not to be proved against him. This section has been superseded by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: Is Section 26 IEA still in force?

No, Section 26 has been superseded by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) effective 1 July 2024.

Q: What is धारा 26 IEA?

धारा 26 IEA is the Devanagari Hindi reference for Section 26 of the The Indian Evidence Act, 1872. Section 26 of The Indian Evidence Act, 1872 (IEA) governs confession by accused while in custody of police not to be proved against him. This section has been superseded by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: What is Dhara 26 IEA?

Dhara 26 IEA is the Roman Hindi reference for Section 26 of the The Indian Evidence Act, 1872. "Dhara" means "Section" in Hindi. Section 26 of The Indian Evidence Act, 1872 (IEA) governs confession by accused while in custody of police not to be proved against him. This section has been superseded by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: How to cite Section 26 of The Indian Evidence Act, 1872?

Cite as: "Section 26, The Indian Evidence Act, 1872 (IEA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Evidence Act, 1872, § 26 (India).

Q: Which section replaced IEA Section 26?

Section 26 has been replaced by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), effective from 1 July 2024 as part of India's criminal law reform.

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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] [A Coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), Section 20.], shall be proved as against such person.

[Explanation. - In this section "Magistrate " does not include the head of a village discharging magisterial functions in the presidency of Fort St. George [* * *] [Inserted by Act 3 of 1891, Section 3.] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the [Code of Criminal Procedure. 1882 (10 of 1882)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).].]