Who Is A "Police Officer" For The Purpose Of Section 25 Of The Indian Evidence Act, 1872?

A. I N T R O D U C T I O N d) While the powers conferred on the police officers are for the detection and prevention of crime, the powers conferred on the Customs Officers are merely for the purpose of ensuring that dutiable goods do not enter the country without payment of duty and that articles whose entry is prohibited are not brought in. If so, is not a "police officer" also a "person in authority" within the meaning of Section 24 of the Evidence Act in view of Section 163 Cr.P.C? 998 – 5 Judges, considered whether the "Customs Officer" acting under the Customs Act, 1962, is a "police officer" within the meaning of Section 25 of the Evidence Act. The Constitution Bench mainly relying on Badaku Joti Savant and Ramesh Chandra Mehta held that "Customs Officer" is not a "police officer" within the meaning of Section 25 of the Evidence Act. In Abdul Rashid v. State of Bihar 9 SCC 578 = AIR 2001 SC 2422 a two- Judge Bench of the Supreme Court following the majority view in Rajaram Jaiswal's case held that the Superintendent of Excise exercising powers under the Bihar and Orissa Excise Act, 1915, is a "police officer" within the meaning of Section 25 of the Evidence Act and any confession made to him will be hit by Section 25 of the Evidence Act.