Bharatiya Sakshya Adhiniyam, 2023
BSA Section 22
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
In one line
BSA Section 22 deals with confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding and replaces Evidence Act 24 (now 22(1)).
Bare act text — BSA 22
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
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 changed from the Evidence Act
- Evidence Act 24 → BSA 22(1): The word "coercion" is added.
- Evidence Act 24 → BSA 22(1): Section 28 IEA and Section 29 IEA are given as provisos to Section 22 of the BSA.
- Evidence Act 24 → BSA 22(1): Heading is dropped as sections are included as provisos.
Frequently asked
What was BSA Section 22 in the Evidence Act?
BSA Section 22 (Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding) replaces Section 24 of the Indian Evidence Act, 1872. Evidence Act 24 is now BSA 22(1).
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Nearby BSA sections
- BSA 17 — Admissions by persons whose position must be proved as against party to suit
- BSA 18 — Admissions by persons expressly referred to by party to suit
- BSA 19 — Proof of admissions against persons making them, and by or on their behalf
- BSA 20 — When oral admissions as to contents of documents are relevant
- BSA 21 — Admissions in civil cases when relevant
- BSA 23 — Confession to police officer
- BSA 24 — Consideration of proved confession affecting person making it and others jointly under trial for same offence
- BSA 25 — Admissions not conclusive proof, but may estop
- BSA 26 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- BSA 27 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated