( 1 ) THE following question has been referred to the Full Bench by the Division Bench for consideration :-"whether the extra-judicial confession made by an accused to the Kotwar is admissible in evidence?" the Division Bench found that there is some controversy in the decisions of this Court regarding the admissibility of a statement made by an accused person to the Kotwar having authority to arrest an accused person and the controversy should be set at rest as the only evidence available in the case is the extra-judicial confession made by the accused to the Kotwar in the presence of others.

( 2 ) SECTION 25 of the Evidence Act provides that no confession made to a Police Officer shall be proved as against a person accused of any offence. The word 'police Officer' has not been defined in the Act. The Supreme Court in State of Punjab v. Barkat Ram AIR 1962 SC 276 has held as under :-"the Police Act, 1861 (5 of 1861), is described as an Act for the regulation of police, and is thus an Act for the regulation of that group of officers who come within the word 'police' whatever meaning be given to that word. The preamble of the Act further says: 'whereas it is expedient