Law4u - Made in India

What Is BSA Section 23?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

This section outlines the rules regarding confessions made to police officers. Key points include:

  • Confessions made to police officers cannot be used as evidence against the accused.
  • Confessions made while in police custody are inadmissible unless made in the immediate presence of a Magistrate.
  • Information obtained that leads to the discovery of facts can be proved, even if it comes from a confession.

Question & Answers

What does Section 23 state about confessions made to police officers?

Confessions made to police officers cannot be proved as evidence against the accused.

Are confessions made while in police custody admissible?

No, confessions made while in custody are inadmissible unless made in the immediate presence of a Magistrate.

Can any information given in custody be used in court?

Yes, information that leads to the discovery of facts can be used, regardless of whether it amounts to a confession.

What is the exception regarding confessions in custody?

The exception is that if a confession is made in the immediate presence of a Magistrate, it may be admissible.

Example

Example of an inadmissible confession:

If a person confesses to a police officer while being interrogated in custody, that confession cannot be used against them in court.

Example of admissible information:

If a suspect provides information about the location of stolen goods while in police custody, and this leads to the discovery of those goods, that information can be admitted as evidence.

Summary

Section 23 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes the inadmissibility of confessions made to police officers and those made during police custody. It protects individuals from potentially coercive situations and ensures that any information leading to the discovery of facts can be used in court, provided it does not constitute a confession made improperly.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Adv Alpesh Barot

Advocate Adv Alpesh Barot

Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family

Get Advice
Advocate Vikas Satyal

Advocate Vikas Satyal

Arbitration, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, R.T.I

Get Advice
Advocate Enju Rohan Kumar

Advocate Enju Rohan Kumar

Anticipatory Bail, Arbitration, Consumer Court, Criminal, Cyber Crime, GST, High Court, Insurance, Motor Accident, NCLT, RERA, Succession Certificate, Tax

Get Advice
Advocate Milind Suravkar

Advocate Milind Suravkar

Cheque Bounce, Family, Domestic Violence, Criminal, Divorce

Get Advice
Advocate Anand C Makwana

Advocate Anand C Makwana

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Motor Accident, Muslim Law, Property, R.T.I, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate B P Sharma

Advocate B P Sharma

Tax, GST, NCLT, Corporate, Customs & Central Excise

Get Advice
Advocate Bhavesh Bambhva

Advocate Bhavesh Bambhva

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, High Court

Get Advice
Advocate Akash Sabale

Advocate Akash Sabale

Civil, Criminal, Anticipatory Bail, Cheque Bounce, R.T.I

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.