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Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Admissions

Section 27: How much of information received from accused may be proved

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BSA section 23 (Confession to police officer)

In plain words

When a fact is discovered as a result of information from an accused in police custody, so much of that information as relates distinctly to the fact discovered can be proved, whether or not it amounts to a confession.

Example: An accused in custody says he hid the knife under a particular tree, and the knife is found there. The part of his statement about the hiding place can be proved.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

Provided that, when any fact is deposed to as discovered inconsequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Understanding this section

Section 27 is the exception to sections 25 and 26. When an accused in police custody gives information that leads to the discovery of a fact, so much of that information as relates distinctly to the fact discovered can be proved. The idea is that discovery confirms the information is true, so that part can be trusted.

Conditions

  • The information comes from a person accused of an offence.
  • He is in the custody of a police officer.
  • A fact is discovered in consequence of that information.
  • Only the part of the information that distinctly relates to the discovered fact can be proved.

What is the fact discovered

The fact discovered is not just the object recovered. It includes the place from which it was produced and the accused's knowledge of it. So the admissible part is typically something like I have hidden the knife in the roof of my house, not the confession that follows.

The classic example

If the accused says I will produce the knife concealed in the roof of my house, with which I stabbed A, only the words about the knife and its hiding place are admissible. The words with which I stabbed A are a confession of the crime and remain barred.

Recovery is not proof of guilt by itself

A recovery under section 27 is a circumstance, often an important one, but it does not by itself prove that the accused committed the crime. Courts also scrutinise whether the recovery was genuine, whether the place was accessible to others, and whether independent witnesses were present.

Key Supreme Court rulings

  • Pulukuri Kottaya v. Emperor AIR 1947 PC 67

    The fact discovered includes the place and the accused's knowledge; in the statement about a knife concealed in the roof, the added words with which I stabbed A are inadmissible as a confession, while the part leading to discovery may be proved.

  • Rajendra Singh v. State of Uttaranchal 2025 INSC 1193

    Only that part of the information given by an accused in police custody which distinctly relates to the discovery of a fact is admissible; the rest is barred by sections 25 and 26.

Common mistakes

  • Admitting the whole disclosure statement, including the confession of the crime.
  • Treating a recovery as conclusive proof of guilt.

Read with: Section 25 Evidence Act, Section 26 Evidence Act, Section 23 BSA

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 27