Section 29 IEA (Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc) is now Section 22 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 29 to BSA 22?
Section 29 of the Indian Evidence Act, 1872 became the second proviso to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. It is now a proviso instead of a section of its own, and "practiced" reads "practised".
IEA 29 vs BSA 22: Comparison Table
Aspect
IEA 1872 (repealed)
BSA 2023 (in force)
Section
29
22
Heading
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
IEA 29 and BSA 22: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 29, IEA 1872
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.—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 practiced 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.
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 29 vs BSA 22
Under IEA 29
An accused person has made a confession that is relevant under the other provisions of the Act.
The confession was given after someone promised secrecy or used trickery on the accused person to get the statement.
The accused person was in a drunken state when making the confession.
The confession was made in reply to questions that the accused person had no obligation to answer, regardless of how they were framed.
The accused person was not told that confessing was optional and that the confession could be used as evidence against the accused person.
The same rule applies in court. Section 29 IEA became the second proviso to Section 22 BSA on 1 July 2024, and the word practiced reads practised. A person should cite the second proviso to Section 22 BSA for matters governed by the BSA.
FAQs: IEA 29 to BSA 22
Did moving Section 29 IEA into a proviso in Section 22 BSA change the conditions for a confession?▼
No. Turning the standalone section into the second proviso to Section 22 BSA did not alter any condition of the rule.
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.