Bharatiya 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.
Why this exists
This rule exists because police in custody have historically used coercion, threats, or torture to extract confessions from suspects. Colonial-era lawmakers and later Indian legislators recognized that confessions made under police pressure are unreliable and violate a person's dignity and right against self-incrimination. By requiring a magistrate's presence, the law ensures a neutral, non-threatening setting where a person can confess freely without fear. The provision continues a long-standing principle from the Indian Evidence Act, 1872, carried forward into the Bharatiya Sakshya Adhiniyam, 2023.
How courts read it
Indian courts, including the Supreme Court, have repeatedly held that this safeguard is essential to prevent custodial abuse and torture. Cases have clarified that the 'discovery' proviso is narrow — only the exact information leading directly to a physical discovery (like the location of a hidden weapon) can be used, not the full confession itself. Courts have been strict that any confession recorded by police alone, without magistrate involvement, is inadmissible, reinforcing protections against forced admissions.
Common misconceptions
- Myth: Any confession made to police can be used in court if it's true.
Fact: Even a true confession made directly to police (without a magistrate present) cannot be used as evidence, because the law assumes such confessions might be coerced. - Myth: If police find evidence based on your confession, the whole confession becomes usable.
Fact: Only the specific part of the statement that directly led to the discovery of a fact can be used — not the entire confession.