INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
28. Confession made after removal of impression caused by inducement, threat or promise, relevant.
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
IEA Section 28 is carried as a proviso under BSA Section 22.
INDIAN EVIDENCE ACT, 1872
28. Confession made after removal of impression caused by inducement, threat or promise,
relevant.––If such a confession as is referred to in section 24 is made after the impression caused by any
such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal
proceeding.—A confession made by an accused person is irrelevant in a criminal proceeding, if the
making of the confession appears to the Court to have been caused by any inducement, threat, coercion or
promise having reference to the charge against the accused person, proceeding from a person in authority
and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him
reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal
nature in reference to the proceedings against him:
Provided that if the confession is made after the impression caused by any such inducement, threat,
coercion or promise has, in the opinion of the Court, been fully removed, it is relevant:
Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely
because it was made under a promise of secrecy, or in consequence of a deception practised on the
accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer
to questions which he need not have answered, whatever may have been the form of those questions, or
because he was not warned that he was not bound to make such confession, and that evidence of it might
be given against him.
Current law India Code — BSA 2023