Indian Evidence Act, 1872 · Section 28

IEA 28 in BSA: Section 22

Section 28 of the Indian Evidence Act, 1872 corresponds to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 28 deals with confession made after removal of impression caused by inducement, threat or promise, relevant. BSA 22 brings it together with IEA 24 and 29. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA.

Indian Evidence Act

IEA 28 is now BSA 22.

Confession made after removal of impression caused by inducement, threat or promise, relevant · BSA 22 brings it together with IEA 24 and 29.

Merged
81% of the old wording kept
Old · IEA 1872 · Ch. II
s. 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 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.
Text from India Code
Also in BSA 22

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