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Apply the provisions below to the facts provided: Section 23(1) of the Bharatiya Sakshya Adhiniyam,…

A private friend’s promise of secrecy does not by itself exclude an otherwise relevant confession (second proviso to section 22 of the Bharatiya Sakshya Adhiniyam, 2023).…

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Apply the provisions below to the facts provided:

Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 provides: “No confession made to a police officer shall be proved as against a person accused of any offence.”

The first proviso to section 22 provides: “Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant.”

The second proviso to section 22 provides: “Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.”

Akshay is accused of an offence. He makes certain confessions. Which of the following confessions may be proved against him?

Also apply the main part of section 22 of the Bharatiya Sakshya Adhiniyam, 2023: a confession caused by a charge-related inducement from a person in authority is irrelevant where the court finds it sufficient to create reasonable grounds for expecting a temporal advantage in the proceedings. Assume Akshay is not in police custody when speaking to Bimal or Kamla; Bimal is a private friend, and no other admissibility bar applies. Kamla’s inducement remains operative when Akshay confesses.

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Correct answer B

A private friend’s promise of secrecy does not by itself exclude an otherwise relevant confession (second proviso to section 22 of the Bharatiya Sakshya Adhiniyam, 2023). The police confession is barred by section 23(1), while Kamla’s still-operative, charge-related inducement satisfies the stated exclusion under the main part of section 22 (formerly sections 25 and 24 of the Indian Evidence Act, 1872, respectively).

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