Section 22 BSA: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

Bharatiya Sakshya Adhiniyam, 2023

Section 22 BSA at a Glance

Section 22 BSA deals with confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. It replaced Section 24 IEA on 1 July 2024.

Was IEA

Section 24 →

Section 22 BSA Bare Act Text

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.

Source: Section 22, Bharatiya Sakshya Adhiniyam, 2023

Section 22 BSA in Simple Words

Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 bars pressured confessions in criminal trials. Under the Adhiniyam, a confession from an accused person is irrelevant (cannot be relied on in court) in a criminal proceeding if it appears to the court that improper pressure caused it.

The rule applies when the confession appears to come from an inducement (an offer of a benefit), threat, coercion (forcing someone to act), or promise. The pressure must relate to the criminal charge, come from a person in authority, and give the accused person, in the court's opinion, reasonable grounds to expect a worldly advantage or avoid a worldly evil in the case.

However, the confession is relevant if the accused person makes it after the impression created by the inducement, threat, coercion or promise has, in the court's view, been completely removed.

Furthermore, an otherwise relevant confession does not become irrelevant merely due to a promise of secrecy, deception used to obtain it, or intoxication. It also stays relevant if given in answer to questions the accused person did not need to answer, whatever the question's form, or without a warning that confessing was optional and could be used as evidence.

When Section 22 BSA Applies

  • An accused person makes a confession that is sought to be used in a criminal proceeding.
  • It appears to the court that the confession was caused by an inducement, threat, coercion or promise relating to the criminal charge.
  • The inducement, threat, coercion or promise comes from a person in authority.
  • In the court's opinion, the pressure gives the accused person reasonable grounds to expect a worldly advantage or the avoidance of a worldly evil in the proceedings.

Example of Section 22 BSA

In November 2024, Farhan is an accused person in a robbery trial in Kochi. During custody, a senior officer, acting as a person in authority, uses coercion relating to the robbery charge by threatening harsher treatment in the case unless Farhan confesses. Expecting to avoid that harm in the proceedings, Farhan makes a confession while still under that pressure. Under Section 22 BSA, the confession is irrelevant in the criminal proceeding because it appears to the court that coercion from a person in authority caused the statement.

When Section 22 BSA Does Not Apply

  • A confession is relevant if the accused person makes it after the impression caused by the inducement, threat, coercion or promise has, in the court's opinion, been completely removed.
  • An otherwise relevant confession is not made irrelevant simply because of a promise of secrecy, deception used to obtain it, drunkenness, questions the accused person did not need to answer regardless of form, or the lack of a warning that confessing was not required and could be used in evidence.

Section 22 BSA in the IEA (Previous Law)

Section 22 BSA replaces Section 24 IEA from the old criminal code.

Section 24 of the Indian Evidence Act, 1872 became Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Coercion" joins inducement, threat and promise, in the heading and the text. IEA Sections 28 and 29 are now its two provisos.

FAQs on Section 22 BSA

What is Section 22 BSA?▼

Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that makes an accused person's confession irrelevant in a criminal proceeding when it appears to the court that an inducement, threat, coercion or promise from a person in authority relating to the charge caused it. Its provisos state when a confession becomes relevant after the pressure's impression is removed and when an otherwise relevant confession stays relevant despite secrecy, deception, drunkenness, or lack of warning.

Is a confession relevant under Section 22 BSA if the effect of an earlier threat or coercion has completely worn off?▼

Yes. Under the first proviso to Section 22 BSA, a confession is relevant if made after the impression created by the inducement, threat, coercion or promise has, in the court's opinion, been fully removed.

Does a confession become irrelevant under Section 22 BSA solely because the accused person was not warned before confessing?▼

No. Under the second proviso to Section 22 BSA, an otherwise relevant confession is not made irrelevant simply because the accused person was not warned that there was no obligation to confess and that the confession might be used in evidence.

Does trickery or a promise of secrecy make an otherwise relevant confession irrelevant under Section 22 BSA?▼

No. The second proviso to Section 22 BSA states that an otherwise relevant confession is not made irrelevant simply because it was obtained through a promise of secrecy, through deception, or while the accused person was drunk.

What is Section 22 BSA in IEA?▼

Section 24 IEA, together with Section 28 IEA and Section 29 IEA. Section 24 IEA became Section 22 BSA on 1 July 2024, adding coercion alongside inducement, threat and promise, while Section 28 IEA and Section 29 IEA became its provisos.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·