(1) No confession made to a police officer shall be proved as against a person accused of any offence. (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
Bharatiya Sakshya Adhiniyam
Section 23
Confession to police officer
Englishहिंदी
⚡ Quick Answer Reference: Section 23 BSA
- Provision: Section 23 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section states that confessions made to a police officer cannot be used as evidence against the accused, unless it's made in front of a Magistrate. Information leading to a discovery can be used, but only if it's about the discovered fact.
Statutory Content
What does Section 23 of BSA say?
Indian StandardSection 23, Bharatiya Sakshya Adhiniyam
Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 23 (India)
Court Pleading StandardSection 23 of the Bharatiya Sakshya Adhiniyam
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-sakshya-adhiniyam/23
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).
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Section Meaning & Purpose
What does Section 23 of BSA mean?
Plain English Explanation
This section states that confessions made to a police officer cannot be used as evidence against the accused, unless it's made in front of a Magistrate. Information leading to a discovery can be used, but only if it's about the discovered fact.
Practical Interpretation
In practice, this section protects accused individuals from potentially coerced confessions by police. It ensures that confessions are made voluntarily and in the presence of a Magistrate to prevent abuse of power.
Core Legal Purpose
The core purpose is to safeguard the rights of the accused by excluding confessions made to police officers as evidence, promoting fair trial and preventing miscarriage of justice.
Key Legal Elements
- •The confession must be made to a police officer to be excluded as evidence.
- •The accused must be in custody of a police officer for the confession to be inadmissible, unless made before a Magistrate.
- •The key test is whether the confession was made in the immediate presence of a Magistrate or led to a discovery of a fact.
- •The exception allows information leading to the discovery of a fact to be proved, even if it amounts to a confession.
Practical Example
Practical Example of Section 23 BSA
Rajesh, accused of theft, confesses to the crime while in police custody without a Magistrate present. This confession cannot be used against him. However, if Rajesh tells the police where the stolen goods are, and they are found there, the information about the location can be used as evidence, even though it came from his confession.
Common Questions (FAQ)
Frequently Asked Questions about Section 23 BSA
Q: What is the punishment or consequence under Section 23 of BSA?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the admissibility of confessions as evidence.
Q: Does this section apply to private individuals or public entities?
This section applies to confessions made to police officers, which are public entities. It does not directly address private individuals, but its provisions can impact how evidence is handled in cases involving them.
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.
People Also Ask (PAA)
Common Questions about Section 23 BSA
What is Section 23 of BSA?
Section 23 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Confession to police officer". In plain terms: This section states that confessions made to a police officer cannot be used as evidence against the accused, unless it's made in front of a Magistrate. Information leading to a discovery can be used, but only if it's about the discovered fact.
What are the elements of Section 23 of BSA?
The essential elements of Section 23 of BSA are: The confession must be made to a police officer to be excluded as evidence.; The accused must be in custody of a police officer for the confession to be inadmissible, unless made before a Magistrate.; The key test is whether the confession was made in the immediate presence of a Magistrate or led to a discovery of a fact..
What is the IPC equivalent of Section 23 of BNS?
Section 23 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 25 of the old Indian Penal Code (IPC). Confession to police: BSA retains inadmissibility rule.
Law Transition Mapping
Corresponds to Old Law
Old LawSection 25Indian Evidence Act (IEA)
→This SectionSection 23Bharatiya Sakshya Adhiniyam (BSA)
⚠️ Material Change: Confession to police: BSA retains inadmissibility rule.
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