Explanation:

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. (Section 26, Indian Evidence Act). However, this is subject to two exceptions: Firstly, if the confessional statements is made in the immediate presence of a Magistrate, and secondly if the confessional statement relates to a discovery of any fact, then / so much of such information as relates distinctly to the fact thereby discovered.

In Emperor v. Kangal Mall it has been held that statements by an accused to police officers pointing out the place where the offence was committed by Others or where he concealed himself thereafter, and the house to which he went for assistance were regard as information leading to discovery or as statem en made by him as part of his defense, are admissible in evidence as admissions.