Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, a confession made to a police officer -

Section 23(1) of the BSA provides that no confession made to a police officer shall be proved as against a person accused of any offence. Sub-section (2) 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. The proviso to sub-section (2), carrying forward the doctrine of the former Section 27 of the Evidence Act, permits proof of so much of the information received from a person accused of an offence, while in police custody, as relates distinctly to the fact thereby discovered, whether or not it amounts to a confession.