Section 28 IEA (Confession made after removal of impression caused by inducement, threat or promise, relevant) is now Section 22 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 28 to BSA 22?
Section 28 of the Indian Evidence Act, 1872 became the first proviso to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, with "coercion" added beside inducement, threat and promise. It is now a proviso instead of a section of its own.
IEA 28 vs BSA 22: Comparison Table
Aspect
IEA 1872 (repealed)
BSA 2023 (in force)
Section
28
22
Heading
Confession made after removal of impression caused by inducement, threat or promise, relevant
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
IEA 28 and BSA 22: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 28, IEA 1872
28. Confession made after removal of impression caused by inducement, threat or promise, relevant.—If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
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 28 vs BSA 22
Under IEA 28
An accused person in a criminal proceeding faced an inducement, threat, or promise of the kind covered by Section 24 IEA.
The accused person makes a confession after the impression from that inducement, threat, or promise has ended.
In the view of the Court, that impression has been completely cleared before the confession is made.
The same rule applies under the first proviso to Section 22 BSA, and the word coercion was added alongside inducement, threat, and promise. Instead of standing as a separate section, the rule sits as the first proviso to Section 22 BSA. For matters governed by the BSA, a person in court should cite the first proviso to Section 22 BSA.
FAQs: IEA 28 to BSA 22
Is the rule from Section 28 IEA still a separate section that refers to another section?▼
No. In the Adhiniyam, the main rule and the rule on removal of the impression sit together in Section 22 BSA, where the rule from Section 28 IEA is the first 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.