Section 22 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 22: Confessions made under coercion or inducement
Purpose:
This section aims to ensure that any confession made by an accused person during a criminal proceeding is given voluntarily and without any undue influence such as coercion, threat, promise, or temptation. It protects the accused from being compelled to confess under unfair circumstances, thereby preserving the fairness and integrity of the judicial process.
Detailed Explanation:
Voluntary Confession Requirement:
If an accused person confesses to having committed a crime, that confession must be voluntary to be admissible as evidence in court.
A confession made under any form of coercion, threat, promise, or inducement will be treated as irrelevant and inadmissible.
Definition of Coercion and Inducement:
Coercion: Using force, pressure, or intimidation to compel the accused to confess.
Threat: Warning the accused of negative consequences if they do not confess.
Promise or Inducement: Offering some kind of benefit, reward, or favorable treatment to induce a confession.
Effect on the Confession:
If the confession is made due to any of the above factors, the court cannot rely on it as evidence.
This prevents wrongful convictions based on forced or manipulated confessions.
Exception - Subsequent Confession:
If after the coercion, threat, or promise the accused voluntarily makes a fresh confession, without any influence, the new confession may be considered valid.
The court has the authority to evaluate whether the effect of the previous coercion or inducement has been completely removed.
Other Relevant Considerations:
Confessions made in private settings or under promises of confidentiality may be considered differently.
The law may also consider confessions made under intoxication, deception, or answers to questions where the accused was not obliged to reply, depending on the circumstances.
Purpose of the Provision:
This section is designed to protect the rights of the accused.
It safeguards against misuse of power by law enforcement or other authorities during investigations.
It ensures that the judicial process is based on truthful, voluntary evidence and respects due process.
In summary:
Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 says that a confession by an accused person cannot be accepted as evidence if it is obtained through threats, pressure, promises, or temptation. Only a voluntary confession, free from such influences, is admissible. If the coercive effects are removed and a fresh voluntary confession is made, it can be considered. This safeguards the fairness of criminal trials and protects the accused from forced confessions.
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