IEA 27→BSA 23(2)

IEA 27 to BSA 23(2): How much of information received from accused may be proved

Section 27 IEA (1872) replaced by Section 23(2) BSA (2023)

View IEA Section 27 →View BSA Section 23(2) →

IEA 27 to BSA 23(2) at a Glance

Section 27 IEA (How much of information received from accused may be proved) is now Section 23(2) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 27 to BSA 23(2)?

Section 27 of the Indian Evidence Act, 1872 became the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, and it is now a proviso rather than a section of its own. The IEA wording "the fact thereby discovered" reads "the fact discovered".

IEA 27 vs BSA 23(2): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section2723(2)
HeadingHow much of information received from accused may be provedConfession to police officer

IEA 27 and BSA 23(2): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 27, IEA 1872

27. How much of information received from accused may be proved.—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 thereby discovered, may be proved.
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 27 vs BSA 23(2)

Under IEA 27
  1. A person who stands accused of an offence gives information while held in the custody of the police.
  2. A fact is discovered as a consequence of that information, and a witness deposes in court to that discovery.
  3. Only the part of the information that distinctly relates to the fact discovered through that information may be proved.
  4. The rule applies whether or not the information given by the accused person amounts to a confession.
Under BSA 23(2)

See Section 23 BSA →

What IEA 27 to BSA 23(2) Means in Practice

Section 27 IEA became the proviso to Section 23(2) BSA on 1 July 2024, so it is not a section of its own in the BSA. The word thereby was dropped, and the same rule applies. A person in court should cite the proviso to Section 23(2) BSA for matters governed by the BSA.

FAQs: IEA 27 to BSA 23(2)

Is the discovery rule from Section 27 IEA still a standalone section in the BSA?▼

No. Instead of standing as its own section, the rule sits as the proviso to Section 23(2) BSA alongside the rules from Sections 25 and 26 IEA.

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 ·