VidhiSangh

Bharatiya Sakshya Adhiniyam, 2023

Section 23: Confession to police officer

Chapter II — Relevancy of Facts

23. (1) No confession made to a police officer shall be proved as against a person accused of any offence.

(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:

Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.

Old law equivalent

Indian Evidence Act, 1872, section 27 — Information received from accused leading to discovery (now BSA 23 proviso).

Source: official text of the Bharatiya Sakshya Adhiniyam, 2023 (Ministry of Home Affairs).