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The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024.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.
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
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The State of Jharkhand v. The Indian Builders Jamshedpur
Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand and Ors. (2009) 16 SCC 705, if requires to be referred to a larger bench for reconsideration and authoritative decision in order to obviate…
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Raj Kumar @ Bheema v. State of NCT of Delhi
Appellant-accused was convicted for the offence punishable u/s.302 IPC. The High Court further affirmed the order on sentence dated 20.02.2021, whereby the accused-appellant was sentenced to undergo imprisonment for…
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Govind v. State of Haryana
Whether the judgment of Trial Court, as affirmed by the High Court, convicting the appellant for the charges u/s.302, IPC and s.25, Arms Act and the sentence as directed, is based on cogent material and evidence…
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Nilesh Baburao Gitte v. State of Maharashtra
Appellant was convicted for matricide-killing of one’s own mother. By the present appeal, the appellant calls in question the correctness of the judgment of the High Court.
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Rajendra Singh and Ors. v. State of Uttaranchal Etc.
Issue arose as regards the correctness of the order passed by the High Court convicting the appellants u/s.302 IPC; and whether the appellants are the real persons who chased the deceased and killed him.
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Mohammad Afzal Mohammad Sharif v. The State of Maharashtra and Others
The complaint of the appellant before the High Court was that the police officers concerned had failed in their duty by not registering a First Information Report apropos the attack and assault on him by four…
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Rajan v. The State of Haryana
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant for offence punishable u/ss.302/34 IPC and ss.25, 27 of the Arms Act; and delay at the instance of…
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Shanti Devi v. State of Haryana
Issue arose whether the courts below were justified in convicting and sentencing the appellant for the offences punishable u/ss.302/34 and 201/34 IPC for the alleged murder of the son of the informant.
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Narayan Yadav v. State of Chhattisgarh
Whether the High Court erred in passing the impugned judgment relying on the confessional FIR filed by the appellant-accused himself and the medical evidence to uphold his conviction, however, altering it from s.302,…
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Baljinder Kumar @ Kala v. State of Punjab
Whether the courts below erred in convicting the appellant for offences u/ss.302, 308 and 325, Penal Code, 1860 and imposing death sentence on him, when the prosecution had failed to prove his guilt beyond reasonable…
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Kattavellai @ Devakar v. State of Tamilnadu
Issue arose as to the correctness of the order passed by the High Court upholding the order of the conviction and death sentence of the appellant for offence punishable u/ss.302, 376 and 397 IPC.
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Kum. Shubha @ Shubhashankar v. State of Karnataka & Anr.
Whether in the facts and circumstances of the case, the conviction of the appellants by the High Court u/s.302 read with s.120-B, IPC and additionally, s.201, IPC for A-4 alone, is justified.
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Amlesh Kumar v. The State of Bihar
Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant)…
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Vaibhav v. The State of Maharashtra
In a case based on circumstantial evidence where there were missing links in the chain of circumstances, whether the finding of the High Court regarding the conviction of the appellant for offences u/ss.302, 201 r/w…
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Chetan v. The State of Karnataka
Matter pertains to the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 304 IPC, and u/ss.3, 5 of the Arms Act, 1959.
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P Krishna Mohan Reddy v. The State of Andhra Pradesh
Whether the statement of an accused u/s.161, Cr.P.C implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a…
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Renuka Prasad v. The State Represented by Assistant Superintendent of Police
Whether the High Court erred in reversing the acquittal and convicting the accused persons based on the testimony of the IOs which was founded only on s.161, CrPC statements of the witnesses; whether present was a case…
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Ramkirat Munilal Goud v. State of Maharashtra Etc.
Matter pertains to the correctness of the order passed by the High Court upholding the conviction and death sentence of the appellant for causing rape and murder of a child aged 3 years and 9 months.
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Abdul Wahid & Anr. v. State of Rajasthan
Whether it is for the prosecution to connect the accused to the alleged crime by producing credible and legally admissible evidence to punish.
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Manoj Rameshlal Chhabriya v. Mahesh Prakash Ahuja & Anr.
What are the parameters that a High Court should keep in mind while granting or refusing a leave to appeal filed under Section 378(3) of the Cr.P.C.
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Md. Bani Alam Mazid @ Dhan v. State of Assam
In a case where the appellant alongwith a co-accused was alleged to have kidnapped and murdered the minor daughter of PW1, the issues for consideration were: (i) Whether the chain of circumstantial evidence based on…
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Raja Khan v. State of Chhattisgarh
Whether the prosecution failed to prove the chain of circumstances leading to the guilt of the appellant-accused, beyond reasonable doubt.
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Sanjay v. State of Uttar Pradesh
The Appellant/accused was convicted under Section 302 IPC and 376(2)(G) IPC for alleged murder of a four-year-old girl. The Trial Court convicted the Appellant and sentenced him to death, which was later confirmed by…
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Lalita v. Vishwanath & Ors.
Matter pertains to the correctness of the order passed by the High Court acquitting the respondents for the offence punishable u/ss.306, 498A, and 34 IPC; and incase the first informant dies before stepping into the…
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Gambhir Singh v. The State of Uttar Pradesh
Matter pertains to the sustainability of the order passed by the High Court upholding the order of conviction and death sentence awarded to the appellant by the trial court.
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Thammaraya and Another v. The State of Karnataka
Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable.
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Sadashiv Dhondiram Patil v. The State of Maharashtra
Issue arose whether Village Police Patil is a Police Officer in terms of s. 25 of the Evidence Act; and whether the High Court erred in holding the appellant guilty of the offence of murder.
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Sambhubhai Raisangbhai Padhiyar v. State of Gujarat
Issue arose as regards the correctness of the order of conviction and death sentence to the appellant for offences punishable u/ss.302, 364 and 377 IPC and ss. 4 and 6 of the POCSO, for committing murder and brutal…
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Kunhimuhammed@Kunheethu v. The State of Kerala
Whether appellant had the intention to commit murder; whether the appellant’s act can be brought under section 304, IPC in light of the offence being committed in exercise of private defense and thereby exceeding the…
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Suresh Chandra Tiwari & Anr. v. State of Uttarakhand
(a) Whether the circumstances relied by the prosecution have been proved beyond reasonable doubt; (b) whether those circumstances are of a definite tendency unerringly pointing towards the guilt of the accused; (c)…
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Randeep Singh @ Rana & Anr. v. State of Haryana & Ors.
Issue arose as regards conviction and sentence of the appellants u/ss.364, 302, 120-B and 201 IPC for abduction and brutal murder of the victim, if justified.
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Uma & Anr. v. The State Rep. by the Deputy Superintendent of Police
Whether the High Court was able to demonstrate perversity and non-appreciation of the materials on record by the Trial Court while reversing its finding of acquittal.
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Vishwajeet Kerba Masalkar v. State of Maharashtra
Whether the conviction of the appellant and the death sentence awarded for the alleged murders of his wife, daughter and mother were justified.
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Santosh @ Rajesh @ Gopal v. State of Madhya Pradesh
Evidence provided by the prosecution, if sufficient to secure a conviction of the appellant for the murder of the victim.
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Dhanraj Aswani v. Amar S. Mulchandani & Anr.
Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the instance of an accused while he is already in judicial custody in connection with his…
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Allarakha Habib Memon Etc. v. State of Gujarat
As per the FIR (Exhibit-79) there were two eyewitnesses to the incident, PW-12-Police Constable and PW-11-the first informant who was deceased’s cousin brother. PW-12 claiming to be an eyewitness to the incident had…
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Tusharbhai Rajnikantbhai Shah v. Kamal Dayani & Ors.
Accused-petitioner was granted absolute interim protection of anticipatory bail by Supreme Court, until modified or altered upon final disposal of the present SLP which was pending consideration before this Court.…
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Gaurav Maini v. The State of Haryana
Courts below, if justified in convicting and sentencing the appellants for the offences punishable u/ss. 364A, 392 and 120B IPC.
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Dharmendra Kumar @ Dhamma v. State of Madhya Pradesh
High Court if justified in upholding conviction and sentence of the appellant under ss. 302/34 IPC; the contradictions or discrepancies and the absence of blood group classification or inconclusive FSL results on the…
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Anees v. The State Govt. of NCT
Murder of appellant-accused’s wife in their house in which the appellant, deceased and their 5 year old daughter lived. s.106, Evidence Act, 1872 was invoked and the appellant was convicted u/s.302, IPC for the murder.…
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Babu Sahebagouda Rudragoudar and Others v. State of Karnataka
Whether the High Court was justified in deciding the appeal as a first Court on independent appreciation of evidence and recording its own findings to hold the accused appellants (A-1, A-2 and A-3) guilty of charge u/s.…
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Ravishankar Tandon v. State of Chhattisgarh
In a case based on circumstantial evidence wherein the appellants-accused persons were convicted u/s.302 r/w s.34, ss.120B and 201, s.302 r/w ss.34 and 120B, IPC and sentenced to imprisonment for life, whether the…
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Ballu @ Balram @ Balmukund and Another v. The State of Madhya Pradesh
High Court whether justified in reversing the acquittal of the appellant Nos.1 and 2 and convicting them u/ss.302 and 201/34 and ss.302/34 and 201, Penal Code, 1860 respectively and sentencing accordingly; whether the…
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Somnath v. The State of Maharashtra & Ors.
Whether criminal proceedings should be initiated against a police officer who has committed excesses on individual in police custody?
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Ravinder Kumar v. State of NCT of Delhi
1) Whether circumstantial evidence is sufficient to convict the accused; 2) Whether burden of proof u/s. 106 Evidence Act can be on accused before the prosecution proves its case; 3) Whether recovery pursuant to…
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Thakore Umedsing Nathusing v. State of Gujarat
Scope of interference by High Court in an appeal challenging acquittal of the accused by the trial Court; standard of proof required to bring home charges in a case based purely on circumstantial evidence.
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Perumal Raja @ Perumal v. State, Rep. by Inspector of Police
Accused not formally arrested at the time of giving information if can be deemed to be in the ‘custody’ of the police, admissibility of evidence in terms of s.27, Evidence Act, 1872. Conviction and sentence of the…
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Priya Indoria v. State of Karnataka and Ors.
Whether the power of the High Court or the Court of Session to grant anticipatory bail u/s 438 CrPC could be exercised with respect to an FIR registered outside the territorial jurisdict ion of the said Court; and…
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Manjunath & Ors. v. State of Karnataka
In a case primarily involving a dying declaration in addition to the ocular and circumstantial evidence, the Trial Court acquitted the appellants-accused along with other accused per sons, whether the High Court was…
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Naresh @ Nehru v. State of Haryana
Conviction of the appellants for offences punishable u/s.302 r/w s.149, IPC based on the statement of PW-9, as an eyewitness to the crime, if justified. Evidence – Of eyewitness – When not to be relied upon: Held:…
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Rajesh & Anr. v. The State of Madhya Pradesh
In a case based on circumstantial evidence as there was no eyewitness to the kidnapping and murder, and where the prosecution’s case essentially turned upon the ‘recoveries’ made at the behest of the…
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