S
Sahaj Vidhi
Delhi APO 2005

Which of the following pieces of evidence is not relevant under the Indian Evidence Act? (A) A is tried for the murder of B. Evidence is given that A murdered C, that B knew that A had murdered C and that B had tried to exort money from A by threatening to make his knowledge public (B) A sues B upon a bond for the payment of money. B denies the making of the bond. Evidence is given that B required money at the time of the bond (C) A customs officer gives evidence that the accused B made a confession of his crime to him (D) A is tried for the murder of B by poison. Evidence is given that before the death of B, A procured poison similar to that which was administered to B.

Verified Answer
A. A is tried for the murder of B. Evidence is given that A murdered C, that B knew that A had murdered C and that B had tried to exort money from A by threatening to make his knowledge public
B. A sues B upon a bond for the payment of money. B denies the making of the bond. Evidence is given that B required money at the time of the bond
C. A customs officer gives evidence that the accused B made a confession of his crime to him
D. A is tried for the murder of B by poison. Evidence is given that before the death of B, A procured poison similar to that which was administered to B.

Explanation:

Section 25 of the Indian Evidence Act prohibits the proof of a confession made to a police officer against an accused person. A customs officer, when exercising powers of investigation under relevant statutes, is generally considered a 'police officer' for the purpose of Section 25. Therefore, a confession made to a customs officer is inadmissible and not relevant.