Bharatiya Sakshya Adhiniyam, 2023
BSA Section 23
Confession to police officer
In one line
BSA Section 23 deals with confession to police officer and replaces Evidence Act 25 (now 23(1)), Evidence Act 26 (now 23(2)).
Bare act text — BSA 23
23. Confession to police officer.
(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 changed from the Evidence Act
- Evidence Act 25 → BSA 23(1): Words "not to be proved" are excluded from heading.
- Evidence Act 26 → BSA 23(2): Heading is dropped as the section is included as a subsection.
- Evidence Act 26 → BSA 23(2): Word "whilst" is replaced by "while" and words "such person" are replaced by "him".
Frequently asked
What was BSA Section 23 in the Evidence Act?
BSA Section 23 (Confession to police officer) replaces Sections 25, 26 of the Indian Evidence Act, 1872. Evidence Act 25 is now BSA 23(1). Evidence Act 26 is now BSA 23(2).
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- 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 22 — Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- 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
- BSA 28 — Entries in books of account when relevant