BSA Section 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding (formerly IEA 24, IEA 28 and IEA 29)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
From 1 July 2024
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.
What it replaced in the Evidence Act
BSA 22(1) ← IEA 24 · Confession caused by inducement, threat or promise, when irrelevant in criminal proceedingChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The word "coercion" is added. Section 28 IEA and Section 29 IEA are given as provisos to Section 22 of the BSA. Heading is dropped as sections are included as provisos.
Printed in both official correspondence tables (BPR&D and NCRB).
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 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.
BSA 22, first proviso ← IEA 28 · Confession made after removal of impression caused by inducement, threat or promise, relevantChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Heading is dropped as section is included as proviso.
Printed in both official correspondence tables (BPR&D and NCRB).
If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
BSA 22, second proviso ← IEA 29 · Confession otherwise relevant not to become irrelevant because of promise of secrecy, etcChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Heading is dropped as section is included as proviso.
Printed in both official correspondence tables (BPR&D and NCRB).
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 practiced 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.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 24
They remain the law on IEA 24. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 3.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 11.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.