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…
Choose your answer
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?
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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