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Can a confession made to a police officer by a person accused of an offence, while that person is…

Section 23(1) bars proof against an accused of a confession made to a police officer, whether or not the accused was in custody. Voluntariness does not remove the specific…

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Can a confession made to a police officer by a person accused of an offence, while that person is outside police custody, be proved against that person as a confession under the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 23(1) bars proof against an accused of a confession made to a police officer, whether or not the accused was in custody.

Voluntariness does not remove the specific police-confession bar.

Option feedback

Option A

Section 23(1) turns on a confession made to a police officer and does not require custody.

Option B

Section 23(1) bars proof against an accused of a confession made to a police officer, whether or not the accused was in custody.

Option C

Voluntariness does not remove the specific police-confession bar.

Option D

Whether the confession was recorded in writing does not control the police-confession bar.

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