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A person accused of an offence voluntarily confesses while out of police custody. Which recipient would…

Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 25 of the Indian Evidence Act, 1872) bars proof against the accused of a confession made to a police…

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A person accused of an offence voluntarily confesses while out of police custody. Which recipient would trigger the bar on proving that confession against the accused under section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 25 of the Indian Evidence Act, 1872) bars proof against the accused of a confession made to a police officer. Section 23(2) separately bars proof of a confession made in police custody unless it is made in the immediate presence of a Magistrate. The discovery proviso permits proof only of the part of the information that relates distinctly to the fact discovered. A voluntary confession to a private person outside police custody does not fall within those bars. A Magistrate may record a confession in accordance with section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Option A

Section 23(1) concerns confessions made to a police officer. It does not bar proof simply because the confession was made to the victim.

Option B

Section 23(1) bars proof of a confession made to a police officer against the accused.

Option C

A village revenue officer with no police powers is outside the police-officer bar in section 23(1).

Option D

A police officer is the recipient identified in section 23(1).

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