IEA 26→BSA 23(2)

IEA 26 to BSA 23(2): Confession by accused while in custody of police not to be proved against him

Section 26 IEA (1872) replaced by Section 23(2) BSA (2023)

View IEA Section 26 →View BSA Section 23(2) →

IEA 26 to BSA 23(2) at a Glance

Section 26 IEA (Confession by accused while in custody of police not to be proved against him) is now Section 23(2) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 26 to BSA 23(2)?

Section 26 of the Indian Evidence Act, 1872 became Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, and the Explanation on "the head of a village" was dropped. Sections 25, 26 and 27 of the IEA now sit together in one BSA section.

IEA 26 vs BSA 23(2): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section2623(2)
HeadingConfession by accused while in custody of police not to be proved against himConfession to police officer

IEA 26 and BSA 23(2): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 26, IEA 1872

26. Confession by accused while in custody of police not to be proved against him.—No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Explanation.—In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).
BSA 2023 (in force)

Section 23(2), BSA 2023

(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.

When It Applies: IEA 26 vs BSA 23(2)

Under IEA 26
  1. A person makes a confession while held in custody by a police-officer.
  2. A party seeks to prove that confession against the person who made it.
  3. No Magistrate is immediately present when the person makes the confession.
Under BSA 23(2)

See Section 23 BSA →

What IEA 26 to BSA 23(2) Means in Practice

The same rule applies under Section 23(2) BSA, so a confession made in police custody still cannot be proved against the maker unless a Magistrate is immediately present. For matters governed by the BSA, a person in court should cite Section 23(2) BSA instead of Section 26 IEA. The Explanation on the head of a village was dropped.

FAQs: IEA 26 to BSA 23(2)

Did Section 23(2) BSA keep the Explanation about a village head from Section 26 IEA?▼

No. Section 23(2) BSA dropped the Explanation that dealt with a village head discharging magisterial duties under the 1882 Code of Criminal Procedure.

Is the rule on confessions in police custody a standalone section in the Adhiniyam?▼

No. The rule from Section 26 IEA sits in Section 23(2) BSA rather than in a standalone section.

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 ·