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Which of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023, states that no confession…

Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 26 of the Indian Evidence Act, 1872), no confession made by any person while he is in the…

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Which of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023, states that no confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved against him?

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Answer and explanation

Correct answer C

Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 26 of the Indian Evidence Act, 1872), no confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved against him. By contrast, Section 23(1) (formerly Section 25 of the IEA) bars confessions made to a police officer; the Proviso to Section 23(2) (formerly Section 27 of the IEA) governs discovery of facts pursuant to information from an accused in police custody; and the First Proviso to Section 22 (formerly Section 28 of the IEA) deals with confessions made after the removal of impression caused by inducement, threat, coercion, or promise.

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Option A

Incorrect: Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 25 of the IEA) bars proof of any confession made to a police officer against a person accused of any offence.

Option B

Incorrect: The First Proviso to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 28 of the IEA) makes relevant a confession made after the impression caused by any inducement, threat, coercion, or promise has been fully removed.

Option C

Correct: Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 26 of the IEA) provides that no confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved against him.

Option D

Incorrect: The Proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 27 of the IEA) provides the discovery exception allowing proof of so much of information received from an accused in police custody as relates distinctly to a fact discovered.

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