Question

    According to the Bharatiya Sakshya Adhiniyam, 2023,

    which of the following statements is true regarding confessions made to police officers?
    A All confessions made to police officers are admissible. Correct Answer Incorrect Answer
    B Confessions made to a police officer below the rank of DSP are admissible. Correct Answer Incorrect Answer
    C Confession made to a police officer is inadmissible unless made in the presence of a Magistrate. Correct Answer Incorrect Answer
    D Confessions are admissible if recorded at a police station. Correct Answer Incorrect Answer
    E Confession is inadmissible even before a Magistrate. Correct Answer Incorrect Answer

    Solution

    Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023, which retains the essence of Section 25 of the old Evidence Act: • A confession made to a police officer is generally inadmissible in a court of law. • However, if the confession is made in the presence of a Magistrate, and voluntarily recorded under safeguards, it becomes admissible under law (as per procedural requirements). This provision is designed to prevent coercion and custodial abuse, ensuring that only free and fair confessions are relied upon in criminal proceedings.

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