IEA 25→BSA 23(1)

IEA 25 to BSA 23(1): Confession to police-officer not to be proved

Section 25 IEA (1872) replaced by Section 23(1) BSA (2023)

View IEA Section 25 →View BSA Section 23(1) →

IEA 25 to BSA 23(1) at a Glance

Section 25 IEA (Confession to police-officer not to be proved) is now Section 23(1) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 25 to BSA 23(1)?

Section 25 of the Indian Evidence Act, 1872 became Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. Sections 25, 26 and 27 of the IEA now sit together in one BSA section.

IEA 25 vs BSA 23(1): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section2523(1)
HeadingConfession to police-officer not to be provedConfession to police officer

IEA 25 and BSA 23(1): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 25, IEA 1872

25. Confession to police-officer not to be proved.—No confession made to a police-officer, shall be proved as against a person accused of any offence.
BSA 2023 (in force)

Section 23(1), BSA 2023

(1) No confession made to a police officer shall be proved as against a person accused of any offence.

When It Applies: IEA 25 vs BSA 23(1)

Under IEA 25
  1. A person makes a statement that is a confession to a police officer.
  2. A party in a case seeks to prove that confession against someone who stands accused of an offence.
  3. The court must not allow that confession to be proved against the accused person, regardless of the offence charged.
Under BSA 23(1)
  1. A confession is given to a police officer and a party seeks to prove it against someone accused of an offence under Section 23(1) BSA.
  2. A person makes a confession while held in police custody under Section 23(2) BSA.
  3. A person in police custody makes a confession while a Magistrate is immediately present under Section 23(2) BSA.
  4. An accused person in police custody gives information that leads to the discovery of a fact, and that fact is deposed to in court as discovered because of that information.

What IEA 25 to BSA 23(1) Means in Practice

Section 25 IEA became Section 23(1) BSA on 1 July 2024, and the same rule applies. Sections 25, 26 and 27 IEA sit together in Section 23 BSA. A person in court should cite Section 23(1) BSA for matters governed by the BSA.

FAQs: IEA 25 to BSA 23(1)

Did the move from Section 25 IEA to Section 23(1) BSA change the rule on confessions to a police officer?▼

No. The rule in Section 23(1) BSA is the same as the rule in Section 25 IEA. A confession given to a police officer still cannot be proved against an accused person.

How did the BSA reorganise Sections 25, 26 and 27 IEA?▼

Section 23 BSA places Sections 25, 26 and 27 IEA together within Section 23 BSA instead of separate sections. Section 25 IEA forms Section 23(1) BSA, while Sections 26 and 27 IEA form Section 23(2) BSA and its 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 ·