BSA Section 23: Confession to police officer (formerly IEA 25, IEA 26 and IEA 27)

Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024

BSA 23: Confession to police officer

From 1 July 2024

(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.

What it replaced in the Evidence Act

BSA 23(1) ← IEA 25 · Confession to police-officer not to be provedChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: Words "not to be proved" are excluded from heading.

Printed in both official correspondence tables (BPR&D and NCRB).

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

IEA 25 on its own page →
BSA 23(2) ← IEA 26 · Confession by accused while in custody of police not to be proved against himChanged

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 the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him".

Printed in both official correspondence tables (BPR&D and NCRB).

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. [Explanation. –– In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George *** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).]

IEA 26 on its own page →
BSA 23, proviso ← IEA 27 · How much of information received from accused may be provedChanged

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 the section is included as proviso.

Printed in both official correspondence tables (BPR&D and NCRB).

Provided that, when any fact is deposed to as discovered inconsequence 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 thereby discovered, may be proved.

IEA 27 on its own page →

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 25

They remain the law on IEA 25. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

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.