Section 24 IEA: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
Indian Evidence Act, 1872
Section 24 IEA at a Glance
Section 24 IEA deals with confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. From 1 July 2024 it is replaced by Section 22 BSA.
Section 24 IEA Bare Act Text
24. Confession caused by inducement, threat 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 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.
Source: Section 24, Indian Evidence Act, 1872
Section 24 IEA in Simple Words
Section 24 of the Indian Evidence Act, 1872 kept pressured confessions out of criminal trials. Under the Act, a confession from an accused person was irrelevant (could not be relied on in court) in a criminal proceeding if it appeared to the court that improper pressure caused the confession.
The confession had to appear to come from an inducement (an offer of a benefit), a threat, or a promise. That pressure had to relate to the criminal charge facing the accused person, and it had to come from a person in authority.
In the court's opinion, the pressure also had to be strong enough to give the accused person reasonable grounds to believe that confessing would bring an advantage or avoid an evil of a temporal nature (a worldly or material matter) in the proceedings.
When Section 24 IEA Applies
- An accused person made a confession that was sought to be used in a criminal proceeding.
- It appeared to the court that the confession was caused by an inducement, threat or promise relating to the criminal charge.
- The inducement, threat or promise came from a person in authority.
- In the court's opinion, the pressure gave the accused person reasonable grounds to expect a worldly advantage or the avoidance of a worldly evil in the proceedings.
Example of Section 24 IEA
Section 24 IEA in the BSA
Section 24 IEA is now covered under Section 22 BSA.
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.
View detailed comparison (IEA 24 vs BSA 22) โFAQs on Section 24 IEA
What is Section 24 IEA?โผ
Section 24 of the Indian Evidence Act, 1872 is the rule that made an accused person's confession irrelevant in a criminal proceeding when it appeared to the court that an inducement, threat or promise from a person in authority relating to the charge caused it. It applied when the court considered the pressure sufficient to make the accused person reasonably expect a worldly advantage or the avoidance of a worldly evil in the proceedings.
Did the accused person have to prove the threat or promise beyond doubt under Section 24 IEA?โผ
No. Under Section 24 IEA, the confession was irrelevant if it appeared to the court that the inducement, threat or promise caused the confession.
Did a purely spiritual or religious warning make a confession irrelevant under Section 24 IEA?โผ
No. Section 24 IEA required the expected advantage or avoided evil to be of a temporal nature, meaning a worldly matter connected to the criminal proceedings.
Did a threat or promise from any person at all trigger Section 24 IEA?โผ
No. Under Section 24 IEA, the inducement, threat or promise had to come from a person in authority and had to relate to the criminal charge.
What is Section 24 IEA in BSA?โผ
Section 22 BSA. Section 24 IEA became Section 22 BSA on 1 July 2024, adding coercion alongside inducement, threat and promise, and incorporating Section 28 IEA and Section 29 IEA as its provisos.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ยท