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⚠️ Material Changes Identified

Law Transition Comparison: Section 25 IEA vs Section 23 BSA

Side-by-side analysis of statutory changes, penal differences, bailable classification, trial courts, and precedents following India's July 2024 criminal law transition.

⚠️ Material Difference Highlights

Confession to police: BSA retains inadmissibility rule.

AI Legal Analysis & Key Differences

Statutory Analysis: The transition from BSA to IEA for this provision introduces material changes to the legal framework.

Specific Modifications:

Confession to police: BSA retains inadmissibility rule.

Penal & Procedural Impact:

The statutory maximum penalties and offenses classification remain consistent, but procedural execution under the new Sanhitas is subject to revised guidelines.

Transition Checklist for Legal Practitioners

Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (BSA). For offenses on or after July 1, 2024, use the new Sanhita (IEA).

Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 25 of the IEA instead of the old Section 23 of the BSA.

Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (BSA) as if the new Sanhitas had not been enacted.

Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 25.

Act Source (Active Site)

Section 25

Indian Evidence Act, 1872

Official Statutory Text

No confession made to a police officer1, shall be proved as against a person accused of any offence.

Procedural Profile

Offence CategoryN/A / Procedural
Bail EligibilityProcedural
Arrest ClassificationProcedural
Trial CourtProcedural
Max PunishmentProcedural
Act Source (Compared)

Section 23

Bharatiya Sakshya Adhiniyam

Official Statutory Text

(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.

Procedural Profile

Offence CategoryN/A / Procedural
Bail EligibilityProcedural
Arrest ClassificationProcedural
Trial CourtProcedural
Max PunishmentProcedural
Explore Section 25 DetailsExplore Section 23 Details
Compare Section 25 IEA vs Section 23 BSA: Key Differences & Transition | Nyaya | Nyaya — Best Legal AI India