proceeding.—A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him: Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
Bharatiya Sakshya Adhiniyam
Section 22
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal
⚡ Quick Answer Reference: Section 22 BSA
- Provision: Section 22 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section says a confession is not valid if it was made because of a threat, promise, or coercion by someone in authority, and the accused thought it would help them avoid trouble.
What does Section 22 of BSA say?
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What does Section 22 of BSA mean?
Plain English Explanation
This section says a confession is not valid if it was made because of a threat, promise, or coercion by someone in authority, and the accused thought it would help them avoid trouble.
Practical Interpretation
In practice, this section means courts carefully examine how a confession was obtained to ensure it was voluntary and not influenced by improper means, affecting its admissibility in criminal proceedings.
Core Legal Purpose
The core purpose is to protect accused persons from coercive tactics that could lead to false confessions, ensuring the integrity of the criminal justice process by excluding confessions made under duress or promise of advantage.
- •The confession must have been made by an accused person.
- •The making of the confession must appear to have been caused by an inducement, threat, coercion, or promise related to the charge.
- •The inducement, threat, coercion, or promise must have come from a person in authority and be sufficient to give the accused a reasonable belief that making the confession would gain them an advantage or avoid an evil.
- •If the impression of such inducement has been fully removed before the confession, it may still be considered relevant.
Practical Example of Section 22 BSA
Rajesh, accused of theft, confesses after the police officer promises to reduce his charges if he admits to the crime. This confession is irrelevant because it was made under the promise of an advantage. However, if Rajesh confesses again after being informed of his rights and the promise is withdrawn, the second confession might be considered relevant if the court believes the initial impression has been fully removed.
Frequently Asked Questions about Section 22 BSA
Q: What is the consequence under Section 22 of BSA?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the admissibility of confessions in criminal proceedings.
Q: Does this section apply to private individuals or public entities?
The section applies to confessions made to persons in authority, which typically refers to public entities or officials like police officers, but can also apply to private individuals if they are acting in a position of authority relevant to the charge.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather deals with the evidentiary value of confessions. Therefore, it does not classify an offence as bailable or cognizable.
Common Questions about Section 22 BSA
What is Section 22 of BSA?
Section 22 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal". In plain terms: This section says a confession is not valid if it was made because of a threat, promise, or coercion by someone in authority, and the accused thought it would help them avoid trouble.
What are the elements of Section 22 of BSA?
The essential elements of Section 22 of BSA are: The confession must have been made by an accused person.; The making of the confession must appear to have been caused by an inducement, threat, coercion, or promise related to the charge.; The inducement, threat, coercion, or promise must have come from a person in authority and be sufficient to give the accused a reasonable belief that making the confession would gain them an advantage or avoid an evil..
What is the IPC equivalent of Section 22 of BNS?
Section 22 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 24 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 22 BSA
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