IEA Section 29 is now BSA 22, second proviso: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc

Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024

ChangedIEA 29 → BSA 22, second proviso

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).

IEA 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc

Before 1 July 2024

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.

BSA 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

From 1 July 2024 · the part that replaces it is BSA 22, second proviso

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.

Everything BSA 22 replaced →

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 29

They remain the law on IEA 29. 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.