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Section 22 - The Bharatiya Sakshya Adhiniyam, 2023
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
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.
Related Sections
- Section 65: Proof of signature and handwriting of person alleged to have signed or written document produced
- Section 67: Proof of execution of document required by law to be attested
- Section 117: Presumption as to abetment of suicide by a married woman
- Section 159: Questions tending to corroborate evidence of relevant fact, admissible
- Section 95: Exclusion of evidence of oral agreement