23. (1) No confession made to a police officer shall be proved as against a person accused of any offence (2) 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: Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
Evidence Act Section 26 in BSA: Section 23
Confession by accused while in custody of Police not to be proved against him
Section 26 of the Indian Evidence Act, 1872 (Confession by accused while in custody of Police not to be proved against him) corresponds to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Ask on WhatsApp, free, no signup:
Text of BSA Section 23
Full BSA Section 23 and every Evidence Act section it replaced →
Other Evidence Act sections now in BSA 23
- Evidence Act 25: Confession to police officer not to be proved → BSA 23
- Evidence Act 27: How much of information received from accused may be proved → BSA 23
Ask CaseMinister about Evidence Act 26 / BSA 23
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.