Section 28 IEA: Confession made after removal of impression caused by inducement, threat or promise, relevant
Indian Evidence Act, 1872
Section 28 IEA at a Glance
Section 28 IEA deals with confession made after removal of impression caused by inducement, threat or promise, relevant. From 1 July 2024 it is replaced by Section 22 BSA.
Section 28 IEA Bare Act Text
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.
Source: Section 28, Indian Evidence Act, 1872
Section 28 IEA in Simple Words
Section 28 of the Indian Evidence Act, 1872 makes a confession (an admission of guilt) relevant (allowed as evidence of a fact) once earlier improper pressure has ended. The Court must be satisfied that the mental impression from the inducement, threat, or promise is completely gone.
Section 28 IEA applies to the kind of confession described in Section 24 IEA. Under Section 24 IEA, an accused person cannot have a confession used as relevant in a criminal proceeding when improper influence caused it. That influence is an inducement, threat, or promise about the charge coming from a person in authority. In the view of the Court, the influence must give the accused person reasonable grounds to expect a benefit in the case. It has the same effect if the accused person reasonably expects to avoid a temporal evil (a worldly harm) in the proceedings.
Section 28 IEA applies once that fear or hope has ended. If the accused person confesses after the Court considers that earlier impression fully removed, the confession is relevant.
When Section 28 IEA Applies
- 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.
Example of Section 28 IEA
Section 28 IEA in the BSA
Section 28 IEA is now covered under Section 22 BSA.
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.
View detailed comparison (IEA 28 vs BSA 22) →FAQs on Section 28 IEA
What is Section 28 IEA?▼
Section 28 of the Indian Evidence Act, 1872 makes a confession relevant in a criminal proceeding if it is made after the impression from an earlier inducement, threat, or promise has been fully removed. Whether that impression has been fully removed is decided in the opinion of the Court.
Who decides whether the impression of a threat or promise has been removed under Section 28 IEA?▼
The Court decides that question. Under Section 28 IEA, the confession becomes relevant only when the impression has been fully removed in the opinion of the Court.
Does an earlier threat or promise from a person in authority make every later confession irrelevant?▼
No. Under Section 24 IEA a confession caused by such pressure is irrelevant, but Section 28 IEA makes a later confession relevant once the Court finds the earlier impression fully removed.
What is Section 28 IEA in BSA?▼
Section 28 IEA became the first proviso to Section 22 BSA on 1 July 2024. The rule is the same, and the word coercion was added alongside inducement, threat, and promise.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·