Can You Crack This Evidence Act Question?

evidence du_llb intermediate poll_style

Under section 32 of the Indian Evidence Act, 1872, a confession made by an accused in the course of the investigation, but before the police custody, stands excluded from evidence because it's an inadmissible confession. Now, in this scenario, assume an accused person confuses the role during police custody and confesses to a crime he didn't commit. Let's say, after the police custody, the police found the actual culprit and the accused person is now free. However, the police also found out that the inadmissible confession was actually recorded and the officer who recorded it has now retired. Which of the following two options is correct?

Option A) The inadmissible confession will still be inadmissible even after the retirement of the police officer who recorded it. Option B) Since the recording of the confession is admissible in court even after the retirement of the police officer, it can be used against the accused person.

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