BSA Section 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 2: Relevancy of Facts
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22. 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 3. Evidence may be given of facts in issue and relevant facts
- 4. Relevancy of facts forming part of same transaction
- 5. Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6. Motive, preparation and previous or subsequent conduct
- 7. Facts necessary to explain or introduce fact in issue or relevant facts
- 8. Things said or done by conspirator in reference to common design
- 9. When facts not otherwise relevant become relevant
- 10. Facts tending to enable Court to determine amount are relevant in suits for damages
- 11. Facts relevant when right or custom is in question
- 12. Facts showing existence of state of mind, or of body or bodily feeling
- 13. Facts bearing on question whether act was accidental or intentional
- 14. Existence of course of business when relevant
- 15. Admission defined
- 16. Admission by party to proceeding or his agent
- 17. Admissions by persons whose position must be proved as against party to suit
- 18. Admissions by persons expressly referred to by party to suit
- 19. Proof of admissions against persons making them, and by or on their behalf
- 20. When oral admissions as to contents of documents are relevant
- 21. Admissions in civil cases when relevant
- 23. Confession to police officer
- 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 25. Admissions not conclusive proof, but may estop
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- 28. Entries in books of account when relevant
- 29. Relevancy of entry in public record or an electronic record made in performance of duty
- 30. Relevancy of statements in maps, charts and plans
- 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 32. Relevancy of statements as to any law contained in law books including electronic or digital form
- 33. What evidence to be given when statement forms part of conversation, document, electronic record, book or series of letters or papers
- 34. Previous judgments relevant to bar a second suit or trial
- 35. Relevancy of certain judgments in probate, etc., jurisdiction
- 36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- 37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- 39. Opinions of experts
- 40. Facts bearing upon opinions of experts
- 41. Opinion as to handwriting and signature, when relevant
- 42. Opinion as to existence of general custom or right, when relevant
- 43. Opinion as to usages, tenets, etc., when relevant
- 44. Opinion on relationship, when relevant
- 45. Grounds of opinion, when relevant
- 46. In civil cases character to prove conduct imputed, irrelevant
- 47. In criminal cases previous good character relevant
- 48. Evidence of character or previous sexual experience not relevant in certain cases
- 49. Previous bad character not relevant, except in reply
- 50. Character as affecting damages