Question
Consider the following statements regarding confessions
under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: A confession is irrelevant in criminal proceedings if it was caused by inducement, threat, coercion, or promise proceeding from a person in authority. Statement 2: A confession induced by a threat becomes relevant once the impression of that threat has been fully removed from the accused's mind, even if some time has passed. Statement 3: A confession made under a promise of secrecy is irrelevant and cannot be proved against the accused. Statement 4: A confession obtained through deception practiced to obtain it remains admissible as evidence despite the deceptive means used. Which statements are correct?Solution
Section 22 of BSA provides that a confession is irrelevant if caused by inducement/threat proceeding from a person in authority, making Statement 1 correct. The Proviso to Section 22 states that if the confession is made after the impression has been "fully removed," it becomes relevant, making Statement 2 correct. The Further Proviso explicitly states that confession "does not become irrelevant merely because it was made...in consequence of a deception practised on the accused person," making Statement 4 correct. Statement 3 is incorrect because the Further Proviso specifically negates this—confessions made under promise of secrecy are not automatically irrelevant; the confession's admissibility depends on other factors, not the promise of secrecy alone.
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