IEA 24 to BSA 22: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
Section 24 IEA (1872) replaced by Section 22 BSA (2023)
IEA 24 to BSA 22 at a Glance
Section 24 IEA (Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding) is now Section 22 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 24 to BSA 22?
Section 24 of the Indian Evidence Act, 1872 became Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Coercion" joins inducement, threat and promise, in the heading and the text. IEA Sections 28 and 29 are now its two provisos.
IEA 24 vs BSA 22: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 24 | 22 |
| Heading | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding |
IEA 24 and BSA 22: Bare Act Text Side by Side
Section 24, IEA 1872
Section 22, BSA 2023
When It Applies: IEA 24 vs BSA 22
- An accused person made a confession that was sought to be used in a criminal proceeding.
- It appeared to the court that the confession was caused by an inducement, threat or promise relating to the criminal charge.
- The inducement, threat or promise came from a person in authority.
- In the court's opinion, the pressure gave the accused person reasonable grounds to expect a worldly advantage or the avoidance of a worldly evil in the proceedings.
- An accused person makes a confession that is sought to be used in a criminal proceeding.
- It appears to the court that the confession was caused by an inducement, threat, coercion or promise relating to the criminal charge.
- The inducement, threat, coercion or promise comes from a person in authority.
- In the court's opinion, the pressure gives the accused person reasonable grounds to expect a worldly advantage or the avoidance of a worldly evil in the proceedings.
What IEA 24 to BSA 22 Means in Practice
FAQs: IEA 24 to BSA 22
What ground was added to Section 22 BSA that was not listed in Section 24 IEA?▼
Coercion. Section 22 BSA adds coercion alongside inducement, threat and promise in both the heading and the main text, and includes coercion in the first proviso as well.
Where did the provisos in Section 22 BSA come from?▼
Section 28 IEA and Section 29 IEA. The rule on confessions made after the removal of pressure from Section 28 IEA became the first proviso to Section 22 BSA, and the rule on secrecy, deception, drunkenness, unanswered questions, and lack of warning from Section 29 IEA became the second proviso.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·