Section 159 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
**Section 159 — Confessions Made to Police Officer Not to Be Considered as Evidence
(Bharatiya Sakshya Adhiniyam, 2023)**
1. What Is Section 159 About?
Section 159 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) states that confessions made to a police officer shall not be received as evidence against the person who made the confession in any judicial proceeding.
In simple words:
If a person confesses to a police officer, that confession cannot be used as proof in court against them.
2. Why Does the Law Exclude Confessions to Police?
The law recognizes that confessions to police are:
✔ Often made under pressure or coercion
✔ Sometimes given in fear or confusion
✔ Not always true or voluntary
To protect the rights of the accused and prevent misuse, the law does not allow such confessions to be used against the person in court, unless made in a manner allowed by law.
3. What Type of Confessions Are Covered?
Section 159 refers to confessions that are:
Made wholly or partly to a police officer
Made during investigation
Made in police custody
Made before arrest
These confessions are not admissible in court as evidence against the person who made them.
4. Why Are They Not Admissible?
The courts exclude confessions to police because:
(a) Police May Use Undue Influence
Confessions may be coerced, threatened, or manipulated.
(b) Police Are Investigators, Not Neutral
Police investigate and gather evidence; they are not neutral fact‑finders.
(c) Protection of Rights
To safeguard the right against self‑incrimination, and ensure fair trial.
5. What Confession Can Be Used as Evidence?
Although Section 159 disallows confessions to police, the law provides that other types of confessions may be admissible if certain conditions are met:
Confession Before a Judicial Magistrate
If the confession is made voluntarily before a judge or magistrate
Made without threat, promise, fear, or inducement
The court may admit it as evidence
This type is treated differently, since a magistrate is a neutral legal authority, and legal safeguards exist during such confessions.
6. Illustrations (Examples)
Example 1
Accused A tells a police officer that he committed the crime.
This confession cannot be used as evidence against A in court.
It may help police investigation, but not prosecution.
Example 2
Accused B confesses to a Judicial Magistrate under oath.
This confession may be used as evidence, if made voluntarily.
Example 3
C, in police custody, confesses due to fear or threat.
Section 159 ensures it is not admissible in court.
7. Purpose of Section 159
The core objectives of excluding police confessions are:
(a) Protect Accused from Coercion
Police detention can exert pressure; exclusion prevents forced confessions.
(b) Uphold Fair Trial
Justice must be based on reliable, voluntary, and corroborated evidence.
(c) Avoid Miscarriage of Justice
Unverified confessions may lead to wrongful conviction.
8. Difference Between Confession to Police vs Confession to Judicial Authority
| Feature | Confession to Police Officer | Confession to Judicial Magistrate |
|---|---|---|
| Admissible as evidence | ❌ No | ✔ Yes (if voluntary) |
| Made during investigation | ✔ | ❌ Usually not |
| Made under legal safeguards | ❌ No | ✔ Yes |
| Subject to judicial scrutiny | ❌ Not directly | ✔ Yes |
9. Policy Reason Behind Section 159
The law ensures:
✔ No self‑incrimination under pressure
✔ Confessions in court are voluntary, reliable, and fair
✔ Police cannot use improper means to secure convictions
✔ Courts base decisions on trustworthy evidence
10. Summary (Exam‑Ready)
Section 159, BSA, 2023: Confessions made to a police officer are not admissible as evidence against the person who made them.
Purpose: To prevent coerced or unreliable confessions.
Admissible confessions: Only those made to a judicial magistrate voluntarily.
Protects rights and ensures a fair trial.
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