What is the significance of confessions made to police officers under the BSA 2023?
Inadmissible unless made in the presence of a magistrate
The Bharatiya Sakshya Adhiniyam (BSA), 2023 replaced the Indian Evidence Act, 1872 with effect from 1 July 2024.
Section 23 of the BSA (old Sections 25 and 26) says that a confession made to a police officer cannot be proved against the accused.
A confession made while in police custody can be proved only if it is made in the immediate presence of a Magistrate.
This protects the accused from confessions extracted by coercion, so such confessions are not fully admissible, are never automatically treated as a judgment, and there is no special exception for traffic cases.
Hence, Inadmissible unless made in the presence of a magistrate.
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