Section 23 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 23: Confessions Made to Police Officers – Admissibility of Evidence
Key Purpose:
This section regulates the admissibility of confessions made by an accused person to police officers. It aims to protect the accused from forced or coerced confessions while in police custody and to safeguard their legal rights.
Main Provisions of Section 23:
Confessions Made to Police Officers are Generally Not Admissible:
Any confession made by an accused person to a police officer cannot be used as evidence against that person in court. This is a fundamental safeguard to prevent the misuse of power by police and avoid confessions obtained through coercion or intimidation.
Exception for Confessions Made in the Presence of a Magistrate:
If a confession is made by the accused while in police custody but in the immediate presence of a magistrate, then that confession can be admitted as evidence.
This means the magistrate must be physically present when the confession is made.
The rationale is that the presence of the magistrate acts as a safeguard against any forced confession because the magistrate is a neutral judicial authority.
Statements Leading to Discovery of Facts:
Even if a confession to a police officer is inadmissible, any fact or evidence discovered as a direct result of information given by the accused (whether it amounts to a confession or not) can be admitted as evidence.
For example, if an accused tells the police the location of a stolen item, the stolen item itself can be used as evidence in court, even if the initial confession is not admissible.
Purpose and Significance:
Protection Against Coercion:
The law acknowledges that confessions made to police officers are susceptible to pressure, torture, or coercion. Therefore, they are generally inadmissible to ensure fair treatment.
Judicial Oversight:
By requiring the presence of a magistrate for admissibility of confessions made during police custody, the law introduces judicial oversight to ensure that any confession is voluntary.
Balancing Evidence and Rights:
The provision about facts discovered from information given by the accused balances the need to gather evidence while protecting the accused’s rights.
Summary:
| Aspect | Provision |
|---|---|
| Confession to police officer | Not admissible as evidence |
| Confession in presence of magistrate | Admissible |
| Facts discovered from info given | Admissible as evidence |
Example Scenario:
An accused person is detained by police.
They confess to the police officer alone — this confession cannot be used as evidence.
However, if the confession is made in front of a magistrate, then the confession is admissible.
If the accused reveals where stolen goods are hidden, even if the confession is inadmissible, the recovered goods themselves can be used as evidence.
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