Confessions Questions and Answers

Q: Confession is irrelevant in criminal proceeding when it is caused by(i) inducement (ii) coercion (iii) mischief

The answer is (i) and (ii): inducement and coercion.Section 22 of the Bharatiya Sakshya Adhiniyam (formerly section 24 of the Evidence Act) makes a confession by an accused irrelevant in a criminal proceeding if it appears to the court to have been caused by any inducement, threat, coercion or promise relating to the charge, proceeding from a person in authority, which would give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil. 'Coercion' was added expressly by the Adhiniyam.Mischief is an offence against property, not a ground that makes a confession involuntary, so every option including (iii) is wrong.

Q: What new factor affecting confessions was added in Section 22 of the BSA ?

The new factor is Coercion.Section 24 of the old Evidence Act made a confession irrelevant if caused by inducement, threat or promise. Section 22 of the BSA keeps those and adds coercion, so a confession caused by inducement, threat, coercion or promise having reference to the charge, and proceeding from a person in authority, is irrelevant in a criminal proceeding.Inducement, promise and threat were already in the old law, so they are not new.

Q: According to the Bharatiya Sakshya Adhiniyam, which of the following statements is correct regarding confessions made to a police officer ?

The correct statement is option B: a confession by a person in police custody is admissible if made in the immediate presence of a Magistrate.Section 23 of the BSA provides that no confession made to a police officer shall be proved against an accused, and that no confession made while in police custody shall be proved unless it is made in the immediate presence of a Magistrate. Its proviso keeps the old rule that information leading to the discovery of a fact may be proved.So a confession to a police officer is not admissible (A and C are wrong), and option D ignores the discovery proviso.

“Confession caused by inducement, threat or promise when irrelevant in criminal proceeding.” Which section of Indian Evidence Act, 1872, is being discussed here?

A.Section - 28
B.Section - 27
C.Section - 24
D.Section - 44

Exam Year(s)

DSSSB - 2023,

Answer: C

A confession caused by inducement, threat or promise, when it is irrelevant in a criminal proceeding, is dealt with in Section 24 of the Indian Evidence Act, 1872: such a confession is irrelevant if the court is of opinion that the inducement, threat or promise gives the accused reasonable grounds to suppose that he would gain an advantage or avoid an evil in the proceedings.

Section 27 deals with how much of the information received from an accused may be proved, Section 28 with a confession made after the removal of the impression caused by inducement, threat or promise, and Section 44 with fraud or collusion in obtaining a judgment. None of these has the heading of the passage.

Discuss in Forum

Confession is irrelevant in criminal proceeding when it is caused by

(i) inducement (ii) coercion (iii) mischief

A.(i) and (ii)
B.(i) and (iii)
C.(ii) and (iii)
D.All of these

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: A

The answer is (i) and (ii): inducement and coercion.

Section 22 of the Bharatiya Sakshya Adhiniyam (formerly section 24 of the Evidence Act) makes a confession by an accused irrelevant in a criminal proceeding if it appears to the court to have been caused by any inducement, threat, coercion or promise relating to the charge, proceeding from a person in authority, which would give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil. 'Coercion' was added expressly by the Adhiniyam.

Mischief is an offence against property, not a ground that makes a confession involuntary, so every option including (iii) is wrong.

Discuss in Forum

What new factor affecting confessions was added in Section 22 of the BSA ?

A.Inducement
B.Promise
C.Coercion
D.Threat

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The new factor is Coercion.

Section 24 of the old Evidence Act made a confession irrelevant if caused by inducement, threat or promise. Section 22 of the BSA keeps those and adds coercion, so a confession caused by inducement, threat, coercion or promise having reference to the charge, and proceeding from a person in authority, is irrelevant in a criminal proceeding.

Inducement, promise and threat were already in the old law, so they are not new.

Discuss in Forum

According to the Bharatiya Sakshya Adhiniyam, which of the following statements is correct regarding confessions made to a police officer ?

A.A confession made to a police officer is admissible in court against the accused person.
B.A confession made by a person in the custody of a police officer is admissible in court if it is made in the immediate presence of a Magistrate.
C.A confession made to a police officer in the custody of the accused person is always admissible in court, even without the presence of a Magistrate.
D.Any information provided by an accused in police custody is inadmissible in court, even if it leads to the discovery of a fact.

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: B

The correct statement is option B: a confession by a person in police custody is admissible if made in the immediate presence of a Magistrate.

Section 23 of the BSA provides that no confession made to a police officer shall be proved against an accused, and that no confession made while in police custody shall be proved unless it is made in the immediate presence of a Magistrate. Its proviso keeps the old rule that information leading to the discovery of a fact may be proved.

So a confession to a police officer is not admissible (A and C are wrong), and option D ignores the discovery proviso.

Discuss in Forum

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