No confession recorded by police is admissible as evidence in the court.
Section 25 of the Evidence Act specifically states that no confession made to a police officer, shall be proved as against a person accused of any offence.
Likewise, Section 26 of this Act lays down that no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
The only exception to this general rule is that 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 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 [Section 27 of the Evidence Act].
Therefore, in the facts of your question, the video confession of the accused cannot be adduced in evidence since it is completely inadmissible.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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