Question

Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 renders a confession irrelevant in criminal proceedings if it is made under certain circumstances. Which of the following statements is CORRECT regarding Section 22?

Q: Answer-Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 renders a confession irrelevant in criminal proc...

Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 introduces an important expansion by explicitly adding the word coercion to the grounds that render a confession irrelevant. The corresponding Section 24 of the Indian Evidence Act, 1872 only mentioned inducement, threat or promise but did not explicitly include coercion. This addition in the BSA broadens the protective scope, ensuring that confessions obtained through any form of coercion are inadmissible in criminal proceedings.

A The word "coercion" was already present in the corresponding Section 24 of the Indian Evidence Act, 1872, and has merely been retained in Section 22 of BSA

B A confession remains irrelevant even after the impression caused by inducement, threat, coercion or promise has been fully removed, as the taint can never be erased

C A confession made under a promise of secrecy or while the accused was intoxicated is always irrelevant under Section 22

D The addition of the word "coercion" in Section 22 of BSA expands the scope of inadmissible confessions compared to the Indian Evidence Act, 1872

E Section 22 only applies to confessions made to police officers and not to confessions made to other persons in authority

Practice Next

Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 renders a confession irrelevant in criminal proceedings if it is made under certain circumstances. Which of the following statements is CORRECT regarding Section 22?

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