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)
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
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 25 | 23(1) |
| Heading | Confession to police-officer not to be proved | Confession to police officer |
IEA 25 and BSA 23(1): Bare Act Text Side by Side
Section 25, IEA 1872
Section 23(1), BSA 2023
When It Applies: IEA 25 vs BSA 23(1)
- A person makes a statement that is a confession to a police officer.
- A party in a case seeks to prove that confession against someone who stands accused of an offence.
- The court must not allow that confession to be proved against the accused person, regardless of the offence charged.
- 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.
- A person makes a confession while held in police custody under Section 23(2) BSA.
- A person in police custody makes a confession while a Magistrate is immediately present under Section 23(2) BSA.
- 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
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 ·