IEA §26 → BSA §23
Confession by accused while in custody of Police not to be proved against him
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Comparison
26. Confession by accused while in custody of police not to be proved against him.––No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate4, shall be proved as against such person. 5[Explanation.––In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 6*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18827 (10 of 1882).]
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: When oral admissions as to contents of documents are relevant. Admissions in civil cases when relevant. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. Confession to police officer. 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.
What changedAI-inferred
Confession by accused while in custody of police not to be proved against him.
Old position
IEA 26 is concerned with Confession by accused while in custody of Police not to be proved against him. Confession by accused while in custody of police not to be proved against him
New position
BSA 23 preserves the framework with drafting modernisations as required by the new code. Topic: Police officer.. No confession made to a police officer shall be proved as against a person accused of any offence
BSA 23 (Police officer.) preserves the framework of IEA 26. BSA 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 23 text: No confession made to a police officer shall be proved as against a...
Editorial deltaAI-indicated (source-linked)
BSA 23 (Police officer.) preserves the framework of IEA 26. BSA 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 23 text: 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: When oral admissions as to contents of...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 26 continues to apply. For matters from that date forward, BSA 23 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 23 (Police officer.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §26 → BSA §23 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/iea/26.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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