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Question

Read the below statements marked as Assertion (A) and Reason (R). Mark the correct options: 

Assertion (A): A confession made to a police officer is inadmissible in court. 

Reason (R): Section 23 of Bharatiya Sakshya Adhiniyam retains the principle of voluntariness in confession.

This question was previously asked in
SSC CGL 2025 Tier 1 Question Paper (25-Sep-2025) (Shift 3)
The correct answer is
Both A and R are true, and R is the correct explanation of A.

Analysis of Assertion (A)

Assertion (A) states that a confession made to a police officer is inadmissible in court. This aligns with the general principle found in evidence law, specifically Section 25 of the Indian Evidence Act, 1872 (which is superseded by the Bharatiya Sakshya Adhiniyam, 2023). The underlying rationale is that confessions made to police officers may be unreliable due to potential coercion or pressure. Therefore, the statement is considered true in the context of evidence law principles.

Analysis of Reason (R)

Reason (R) mentions that Section 23 of the Bharatiya Sakshya Adhiniyam (BSA) retains the principle of voluntariness in confessions. Section 23 of the BSA corresponds to Section 24 of the Indian Evidence Act. It explicitly states that a confession is irrelevant if it appears to have been caused by any inducement, threat, or promise, thereby emphasizing the requirement of voluntariness for a confession to be admissible. Thus, the statement is true.

Relationship Between Assertion (A) and Reason (R)

The inadmissibility of confessions made to police officers (Assertion A) is largely based on the presumption that such confessions might not be voluntary. Reason (R) correctly points out that the BSA, through Section 23, upholds the principle that confessions must be voluntary to be considered relevant (and thus admissible). The principle of voluntariness is the fundamental reason why confessions obtained under certain circumstances, including those made to police officers where pressure might be exerted, are excluded from evidence. Therefore, Reason (R) correctly explains Assertion (A).

Conclusion

Both Assertion (A) and Reason (R) are true statements. Furthermore, the principle of voluntariness, as highlighted in Reason (R) and enshrined in Section 23 of the BSA, is the basis for the rule stated in Assertion (A) regarding the inadmissibility of confessions to police officers.

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