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Apply the law as of 6 November 2026. An accused confesses under a promise of secrecy. The confession is…

A promise of secrecy alone does not make an otherwise relevant confession irrelevant. The second proviso also covers deception used to obtain the confession, drunkenness,…

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Apply the law as of 6 November 2026. An accused confesses under a promise of secrecy. The confession is otherwise relevant. What effect does that promise have under the second proviso to section 22 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer D

A promise of secrecy alone does not make an otherwise relevant confession irrelevant. The second proviso also covers deception used to obtain the confession, drunkenness, answering questions the accused could have declined, and lack of a warning that the accused could decline to confess and the confession could be used against them.

These circumstances do not displace separate exclusionary rules or the warning and voluntariness requirements for Magistrate-recorded confessions under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Option A

The proviso expressly preserves relevance when the promise of secrecy is the sole objection.

Option B

A missing warning about the right to decline to confess and the possible use of the confession is also listed. The separate warning required when a Magistrate records a confession under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 still applies in that setting.

Option C

The second proviso does not require the secrecy promise to be withdrawn. The first proviso addresses removal of the influence of a qualifying inducement, threat, coercion or promise.

Option D

The promise of secrecy alone does not make an otherwise relevant confession irrelevant.

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