Section 26 Evidence Act: Confession In Police Custody Made In Immediate Presence Of Executive Magistrate Admissible: P&H HC [Read Judgment]

Ashok Kini

20 March 2019 7:45 PM IST

"Had there been any intention to confer the power only on the Judicial Magistrate, the Parliament would not have forgotten to insert the word 'Judicial' before the word 'Magistrate' in Section 26 Evidence Act."

The Punjab and Haryana High Court has held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate also.To hold thus, the division bench comprising Justice AB Chaudhary and Justice Surinder Gupta disagreed with the Full bench judgment of Gauhati High Court, which holds that the expression means only the Judicial Magistrate.Section...

Section 26 Evidence Act: Confession In Police Custody Made In Immediate Presence Of Executive Magistrate Admissible: P&H HC [Read Judgment]

Ashok Kini

"Had there been any intention to confer the power only on the Judicial Magistrate, the Parliament would not have forgotten to insert the word 'Judicial' before the word 'Magistrate' in Section 26 Evidence Act."

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