Section 23 BSA: Confession to police officer

Bharatiya Sakshya Adhiniyam, 2023

Section 23 BSA at a Glance

Section 23 BSA deals with confession to police officer. It replaced Sections 25, 26 and 27 IEA on 1 July 2024.

Was IEA

Section 25, Section 26, Section 27 →

Section 23 BSA Bare Act Text

(1) No confession made to a police officer shall be proved as against a person accused of any offence.

(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.

Source: Section 23, Bharatiya Sakshya Adhiniyam, 2023

Section 23 BSA in Simple Words

Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 restricts when a confession can be proved against an accused person in court. It also sets out the limited situations where a confession or part of information given in police custody may be proved.

Under Section 23(1) BSA, a confession given to a police officer cannot be proved against an accused person for any offence. Under Section 23(2) BSA, a confession given by any person in police custody also cannot be proved against that person.

Section 23(2) BSA allows an exception when a Magistrate is present. If a person in police custody confesses with a Magistrate immediately present, the bar in Section 23(2) BSA does not apply to that confession.

The proviso to Section 23(2) BSA applies when information from an accused person in police custody leads to discovering a fact. That fact must be deposed to (stated in evidence in court) as discovered because of the information. Then, whether or not the information is a confession, the part that distinctly relates to the discovered fact may be proved.

When Section 23 BSA Applies

  • A confession is given to a police officer and a party seeks to prove it against someone accused of an offence under Section 23(1) BSA.
  • A person makes a confession while held in police custody under Section 23(2) BSA.
  • A person in police custody makes a confession while a Magistrate is immediately present under Section 23(2) BSA.
  • An accused person in police custody gives information that leads to the discovery of a fact, and that fact is deposed to in court as discovered because of that information.

Example of Section 23 BSA

In August 2024, police in Pune arrest Farhan for robbery, and while in police custody with no Magistrate present, Farhan admits the robbery to a police officer and says the stolen watch is buried in a field. Police dig up the field and discover the stolen watch, and a witness testifies in court that the watch was discovered because of the information given by Farhan. The admission of the robbery cannot be proved against Farhan under Section 23(1) BSA and Section 23(2) BSA. However, under the proviso to Section 23(2) BSA, the part of the information that distinctly relates to the discovery of the stolen watch in the field may be proved.

When Section 23 BSA Does Not Apply

  • The bar in Section 23(2) BSA on proving a confession made in police custody does not apply when the confession is made with a Magistrate immediately present.
  • Under the proviso to Section 23(2) BSA, when a witness testifies that a fact was discovered from information given by an accused person in police custody, the bar does not stop proving the part of that information that distinctly relates to the discovered fact.

Section 23 BSA in the IEA (Previous Law)

Section 23 BSA replaced Sections 25, 26 and 27 IEA from 1 July 2024.

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

FAQs on Section 23 BSA

What is Section 23 BSA?▼

Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 sets the rules on confessions given to a police officer or made in police custody. It bars proving such confessions against an accused person unless made with a Magistrate immediately present, while allowing proof of information from an accused person in police custody that distinctly relates to a discovered fact.

Can a confession given to a police officer be proved against an accused person under Section 23(1) BSA?▼

No. Section 23(1) BSA states that a confession given to a police officer cannot be proved against someone accused of an offence.

Can a confession made in police custody be proved if a Magistrate is immediately present under Section 23(2) BSA?▼

Yes. Under Section 23(2) BSA, while a confession made in police custody is barred from being proved against that person, the bar does not apply when the confession is made with a Magistrate immediately present.

Under the proviso to Section 23(2) BSA, can the police prove the entire statement of an accused person in custody if a fact is discovered?▼

No. Only the part of the information that distinctly relates to the discovered fact may be proved once that fact is deposed to as discovered from the information. This rule applies whether or not the information is a confession.

What is Section 23 BSA in IEA?▼

Sections 25, 26 and 27 of the Indian Evidence Act, 1872 are the earlier provisions that sit together in Section 23 BSA from 1 July 2024. Section 25 IEA became Section 23(1) BSA, Section 26 IEA became the main rule in Section 23(2) BSA, and Section 27 IEA became the proviso to Section 23(2) BSA.

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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 ·