38. Confession to policeofficer not to be proved. No confession made to a policeofficer shall
be proved as against a person accused of any offence.
39. 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 policeofficer, 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).
40. How much of information received from accused may be proved. When any fact is
deposed to as discovered in consequence of information received from a person accused of any
offence, in the custody of a policeofficer, so much of such information, whether it amounts to a
confession or not, as relates distinctly to the fact thereby discovered, may be proved.
41. Confession made after removal of impression caused by inducement, threat or promise,
relevant. If such a confession as is referred to in Article 37 is made after the impression caused by
any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is
relevant.
42. Confession otherwise relevant not to become irrelevant because of promise of secrecy,
etc. If such a confession is otherwise relevant, it does not become irrelevant merely because it was
made under a promise of secrecy, or in consequence of a deception practised on the accused
person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to
questions which he need not have answered, whatever may have been the form of those questions, or
because he was not warned that he was not bound to make such confession, and that evidence of it
might be given against him :
Provided that the provisions of this Article shall not apply to the trial of cases under the laws
relating to the enforcement of Hudood.
43. Consideration of proved confession affecting person making it and others jointly under
trial for same offence. When more persons than one are being tried jointly for the same offence, and
a confession made by one of such persons is proved,__
(a) such confession shall be proof against the person; making it, and:
(b) the Court may take into consideration such confession as circumstantial evidence against
such other person.
Explanation.__ "Offences'” as used in this Article, includes the abetment of, or attempt to
commit, the offence.
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered
C". The Court may consider the effect of this confession against B.
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