Evidence Act 1872 Section 127

Evidence Act Section 127 deals with confessions made to police officers during investigations. It restricts the admissibility of such confessions to protect accused persons from coercion or unfair pressure. Understanding this section is vital in criminal cases where confessions play a crucial role in proof.

This rule safeguards the fairness of trials by ensuring that only voluntary confessions are considered. It helps courts assess the reliability of evidence and prevents misuse of police power. Lawyers and judges must carefully apply this section to uphold justice.

Evidence Act Section 127 – Exact Provision

This section clearly states that confessions made to police officers cannot be used as evidence against the accused. The rationale is to prevent forced or induced confessions obtained during police custody. It ensures that only confessions made voluntarily before a magistrate or in court are admissible.

• Confessions to police officers are inadmissible in court.

• Protects accused from coercion during police interrogation.

• Applies to all offences under Indian law.

• Encourages fair investigation and trial procedures.

Explanation of Evidence Act Section 127

This section prohibits the use of confessions made to police officers as evidence against the accused. It affects accused persons, police officers, and courts during criminal trials.

• The section bars proof of confessions made to police officers.

• Affects accused persons by protecting their rights during interrogation.

• Police officers cannot rely on such confessions to prove guilt.

• Courts must exclude these confessions from evidence.

• Only confessions made before magistrates or in court are admissible.

Purpose and Rationale of Evidence Act Section 127

This section aims to ensure that confessions are made voluntarily without police pressure. It promotes fairness and prevents misuse of power during investigations.

• Ensures reliable and voluntary confessions.

• Protects accused from coercion or torture.

• Promotes fairness in criminal justice.

• Strengthens judicial truth-finding by excluding unreliable evidence.

When Evidence Act Section 127 Applies

Section 127 applies during criminal investigations and trials whenever a confession is made to a police officer. It can be invoked by the accused or the court.

• Applies when confession is made to police officers.

• Invoked by accused to exclude such confessions.

• Relevant in criminal cases, not civil matters.

• Does not apply to confessions made before magistrates.

• Exceptions include confessions made voluntarily outside police custody.

Burden and Standard of Proof under Evidence Act Section 127

The burden lies on the prosecution to prove guilt without relying on confessions made to police officers. The standard of proof remains 'beyond reasonable doubt.' Section 127 interacts with Sections 24 and 25, which deal with confessions caused by inducement or torture.

• Prosecution must prove guilt without police confessions.

• Standard of proof is beyond reasonable doubt.

• Confessions to police are excluded from evidence.

Nature of Evidence under Evidence Act Section 127

This section concerns the admissibility of oral evidence, specifically confessions made to police officers. It imposes a strict limitation to protect accused rights and ensure procedural fairness.

• Deals with oral evidence of confessions.

• Confessions to police are inadmissible.

• Limits use of evidence obtained during police interrogation.

• Requires procedural safeguards for admissibility.

Stage of Proceedings Where Evidence Act Section 127 Applies

Section 127 is relevant during the investigation and trial stages when confessions are made. It also applies during cross-examination if such confessions are introduced.

• Investigation stage: protects accused during police questioning.

• Trial stage: excludes confessions to police from evidence.

• Cross-examination: prevents use of inadmissible confessions.

• Appeal stage: admissibility rulings can be challenged.

Appeal and Challenge Options under Evidence Act Section 127

Rulings on admissibility of confessions to police can be challenged through appeals or revisions. Higher courts review whether the confession was voluntary and properly excluded.

• Admissibility decisions can be appealed.

• Revisions possible for procedural errors.

• Higher courts ensure protection of accused rights.

• Timely challenges preserve fair trial standards.

Example of Evidence Act Section 127 in Practical Use

Person X is accused of theft. During police interrogation, X confesses to the crime. However, the confession is made only to the police officer and not before a magistrate. At trial, X's lawyer objects to the confession's admissibility under Section 127. The court excludes the confession, requiring the prosecution to prove guilt by other evidence.

• Confession to police excluded to protect accused rights.

• Prosecution must rely on independent evidence.

Historical Background of Evidence Act Section 127

Introduced in 1872, Section 127 reflects colonial-era concerns about police abuses. Courts historically excluded police confessions to prevent forced admissions. Judicial interpretations have reinforced the section's protective purpose, with amendments emphasizing voluntariness.

• Introduced to curb police coercion.

• Courts consistently exclude police confessions.

• Judicial evolution stresses voluntariness and fairness.

Modern Relevance of Evidence Act Section 127

In 2026, Section 127 remains crucial amid concerns over custodial torture and false confessions. Electronic recordings and e-courts enhance transparency. The section supports judicial reforms promoting fair investigations and protects digital evidence integrity.

• Applies to digital interrogation records.

• Supports judicial reforms for fair trials.

• Ensures admissibility standards in e-courts.

Related Evidence Act Sections

• Evidence Act Section 24 – Confession Caused by Inducement, Threat or Promise

  – Declares confessions obtained through coercion inadmissible.

• Evidence Act Section 25 – Confession to Police Officer

  – Prohibits confessions made to police officers from being used as evidence.

• Evidence Act Section 26 – Confession to Magistrate

  – Allows confessions made before magistrates to be admissible if voluntary.

• CrPC Section 164 – Recording of Confessions and Statements

  – Governs the procedure for recording confessions before magistrates.

• IPC Section 24 – Voluntary Act

  – Defines voluntariness relevant to confessions.

Case References under Evidence Act Section 127

1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

   – Confession to police is inadmissible; only voluntary confessions before magistrates are valid.

2. Rameshwar v. State of Rajasthan (1952, AIR 343)

   – Police confessions excluded to protect accused from coercion.

3. Kishan Singh v. State of Rajasthan (1952, AIR 493)

   – Emphasized the importance of voluntariness in confessions.

Key Facts Summary for Evidence Act Section 127

• Section:

  127

• Title:

  Confession to Police Officers

• Category:

  Admissibility, Oral Evidence, Protection of Accused

• Applies To:

  Accused persons, Police officers, Courts

• Proceeding Type:

  Criminal trials and investigations

• Interaction With:

  Sections 24, 25, 26 of Evidence Act; CrPC Section 164

• Key Use:

  Excluding confessions made to police to ensure fairness

Conclusion on Evidence Act Section 127

Evidence Act Section 127 plays a vital role in protecting accused persons from unfair treatment during police interrogations. By excluding confessions made to police officers, it upholds the principle of voluntariness and safeguards the integrity of the criminal justice process.

This section ensures that courts rely on reliable and fair evidence, preventing convictions based on coerced or forced confessions. Understanding and applying Section 127 is essential for legal practitioners, police, and judges to maintain justice and protect fundamental rights.

FAQs on Evidence Act Section 127

What is the main purpose of Section 127?

Section 127 prevents confessions made to police officers from being used as evidence against the accused, protecting them from coercion and ensuring fair trials.

Are all confessions to police officers inadmissible?

Yes, confessions made to police officers are generally inadmissible. Only confessions made voluntarily before a magistrate or in court may be admissible.

Does Section 127 apply in civil cases?

No, Section 127 applies only to criminal cases where confessions to police officers are involved during investigations or trials.

Can a confession made outside police custody be admitted?

If a confession is made voluntarily and not under police custody or pressure, it may be admissible, but Section 127 bars confessions made directly to police officers.

How can the admissibility of a confession be challenged?

The accused or their lawyer can object to the admission of a confession under Section 127 during trial. Appeals or revisions can be filed if the court wrongly admits such evidence.