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BSA, 2023
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BSAChapter IISection 22
Section22

Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

AI Assist

Summary

A confession is irrelevant if the court finds it was caused by inducement, threat, coercion or promise about the charge by a person in authority, and strong enough that a reasonable accused would expect a temporal advantage or to avoid a temporal harm by confessing. If that influence was fully removed before the confession, it may be relevant. Promise of secrecy, deception, drunkenness, unnecessary questioning or lack of warning do not by themselves make it irrelevant.

Example

Priya is questioned in custody by a senior officer who says she will be spared if she admits. She confesses while in custody. The court will likely treat that confession as irrelevant because it was caused by a promise from a person in authority promising a temporal advantage.

Bare Act

Enacted text

A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him:

Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant:

Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.

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II

Chapter II

Relevancy of Facts

In this chapter

  • 3Evidence may be given of facts in issue and relevant facts
  • 4Relevancy of facts forming part of same transaction
  • 5Facts which are occasion, cause or effect of facts in issue or relevant facts
  • 6Motive, Preparation and previous or subsequent conduct
  • 7Facts necessary to explain or introduce fact in issue or relevant facts
  • 8Things said or done by conspirator in reference to common design
  • 9When facts not otherwise relevant become relevant
  • 10Facts tending to enable Court to determine amount are relevant in suits for damages
  • 11Facts relevant when right or custom is in question
  • 12Facts showing existence of state of mind, or of body or bodily feeling
  • 13Facts bearing on question whether act was accidental or intentional
  • 14Existence of course of business when relevant
  • 15Admission defined
  • 16Admission by party to proceeding or his agent
  • 17Admissions by persons whose position must be proved as against party to suit
  • 18Admissions by persons expressly referred to by party to suit
  • 19Proof of admissions against persons making them, and by or on their behalf
  • 20When oral admissions as to contents of documents are relevant
  • 21Admissions in civil cases when relevant
  • 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
  • 23Confession to police officer
  • 24Consideration of proved confession affecting person making it and others jointly under trial for same offence
  • 25Admissions not conclusive proof, but may estop
  • 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  • 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
  • 28Entries in books of account when relevant
  • 29Relevancy of entry in public record or an electronic record made in performance of duty
  • 30Relevancy of statements in maps, charts and plans
  • 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  • 32Relevancy of statements as to any law contained in law books including electronic or digital form
  • 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  • 34Previous judgments relevant to bar a second suit or trial
  • 35Relevancy of certain judgments in probate, etc., jurisdiction
  • 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
  • 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
  • 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  • 39Opinions of experts
  • 40Facts bearing upon opinions of experts
  • 41Opinion as to handwriting and signature, when relevant
  • 42Opinion as to existence of general custom or right, when relevant
  • 43Opinion as to usages, tenets, etc., when relevant
  • 44Opinion on relationship, when relevant
  • 45Grounds of opinion, when relevant
  • 46In civil cases character to prove conduct imputed, irrelevant
  • 47In criminal cases previous good character relevant
  • 48Evidence of character or previous sexual experience not relevant in certain cases
  • 49Previous bad character not relevant, except in reply
  • 50Character as Affecting damages
Previous · Section 21Admissions in civil cases when relevantNext · Section 23Confession to police officer