IEA 24→BSA 22

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)

View IEA Section 24 →View BSA Section 22 →

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

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section2422
HeadingConfession caused by inducement, threat or promise, when irrelevant in criminal proceedingConfession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

IEA 24 and BSA 22: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 24, IEA 1872

24. Confession caused by inducement, threat 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 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.
BSA 2023 (in force)

Section 22, BSA 2023

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.

When It Applies: IEA 24 vs BSA 22

Under IEA 24
  1. An accused person made a confession that was sought to be used in a criminal proceeding.
  2. It appeared to the court that the confession was caused by an inducement, threat or promise relating to the criminal charge.
  3. The inducement, threat or promise came from a person in authority.
  4. 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.
Under BSA 22
  1. An accused person makes a confession that is sought to be used in a criminal proceeding.
  2. It appears to the court that the confession was caused by an inducement, threat, coercion or promise relating to the criminal charge.
  3. The inducement, threat, coercion or promise comes from a person in authority.
  4. 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

Section 22 BSA adds coercion alongside inducement, threat and promise as a ground that makes an accused person's confession irrelevant in a criminal proceeding. It also brings Section 28 IEA and Section 29 IEA into Section 22 BSA as its provisos, so the main rule and both qualifications appear in one section. For matters governed by the BSA, a party or advocate cites Section 22 BSA for all of these rules.

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 ·