Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 23: Confession to police officer
(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.
Brefe Detail
This section outlines the rules regarding confessions made to police officers. Key points include:
- Confessions made to police officers cannot be used as evidence against the accused.
- Confessions made while in police custody are inadmissible unless made in the immediate presence of a Magistrate.
- Information obtained that leads to the discovery of facts can be proved, even if it comes from a confession.
Question & Answers
What does Section 23 state about confessions made to police officers?
Confessions made to police officers cannot be proved as evidence against the accused.
Are confessions made while in police custody admissible?
No, confessions made while in custody are inadmissible unless made in the immediate presence of a Magistrate.
Can any information given in custody be used in court?
Yes, information that leads to the discovery of facts can be used, regardless of whether it amounts to a confession.
What is the exception regarding confessions in custody?
The exception is that if a confession is made in the immediate presence of a Magistrate, it may be admissible.
Example
Example of an inadmissible confession:
If a person confesses to a police officer while being interrogated in custody, that confession cannot be used against them in court.
Example of admissible information:
If a suspect provides information about the location of stolen goods while in police custody, and this leads to the discovery of those goods, that information can be admitted as evidence.
Summary
Section 23 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes the inadmissibility of confessions made to police officers and those made during police custody. It protects individuals from potentially coercive situations and ensures that any information leading to the discovery of facts can be used in court, provided it does not constitute a confession made improperly.
