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Apply the law as of 8 November 2026. Under the second proviso to section 22 of the Bharatiya Sakshya…

The second proviso to section 22 preserves an otherwise relevant confession despite a promise of secrecy, drunkenness or absence of the specified warning. Other exclusionary…

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Apply the law as of 8 November 2026. Under the second proviso to section 22 of the Bharatiya Sakshya Adhiniyam, 2023, a confession is otherwise relevant. The three circumstances to consider separately are a promise of secrecy, drunkenness and lack of the warning that the accused need not confess and the confession may be used in evidence. What is their effect?

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Answer and explanation

Correct answer D

The second proviso to section 22 preserves an otherwise relevant confession despite a promise of secrecy, drunkenness or absence of the specified warning. Other exclusionary rules and mandatory recording safeguards still apply.

Option feedback

Option A

The proviso expressly preserves otherwise relevant confessions despite secrecy alone.

Option B

The proviso expressly includes drunkenness among circumstances insufficient on their own.

Option C

The proviso addresses precisely this warning while leaving separate admissibility and recording requirements in place.

Option D

None of these three circumstances on its own excludes an otherwise relevant confession under the proviso.

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