Can Confessions Made to Police Be Used in Court? Section 23 of Bharatiya Sakshya Adhiniyam Explained

What if someone confesses to a crime while in police custody? Does that automatically prove they are guilty?

Not necessarily.

Confessions, particularly those before the police, are handled with utmost care under Indian law. Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) serves as a protection against incorrect convictions based on coerced or forced confessions.

Let’s learn what this legislation provides, what exceptions there are, and what the courts have decided in major rulings.

What Is a Confession?

A confession is when an accused person voluntarily admits guilt. As explained in the landmark case of Pakala Narayana Swami v. Emperor (1939), a confession includes a full admission of the crime or its critical facts.

But when this confession is made to a police officer, Indian law does not automatically accept it as valid evidence. Why? Because of the risk of coercion, intimidation, or torture during custody.

What Section 23 of the Bharatiya Sakshya Adhiniyam Says

Section 23 lays down the following:

• A confession made to a police officer is not admissible in court.
• A confession made while in police custody is also inadmissible unless made in the immediate presence of a magistrate.

Exception: Discovery of a Fact

If a confession made while in custody leads to the discovery of a relevant fact, then only that part of the confession which leads to the discovery is admissible in court. The rest of the statement remains excluded.

Conditions for Admissibility Under Section 23

For the “discovery rule” to apply, these conditions must be fulfilled:

• The person accused has to be in police custody while making the statement
• The information must lead to a discovery like recovery of a weapon or stolen item.
• Only the part of the statement directly linked to the discovery is admissible.
• The discovered item must be relevant to the crime.
• The accused must have made the statement voluntarily.

This ensures that the evidence discovered—not just the spoken words—is used in court.

Landmark Judgments on Police Confessions

Indian courts have repeatedly emphasized that confessions to police should not be trusted blindly. Here are some important rulings:

Sivakumar v. State (2005)

The court held that extra-judicial confessions (not made in court or before a magistrate) require strong corroboration to be accepted as evidence.

Chittar Lal v. State of Rajasthan (2003)

The court said extra-judicial confessions are weak and unsafe unless backed by supporting facts or recovery of evidence.

Why Is Section 23 So Important?

This section exists to prevent police from misusing their authority to extract false confessions under:

• Pressure
• Physical torture
• Mental coercion

Such confessions are unreliable, and their utilization in court would amount to denying the accused their right to a fair trial as enshrined in Article 21 of the Constitution.

By allowing only discovery-based admissions, the law balances:

• Effective investigation
• Individual protection from abuse

Real-Life Example

Let’s say someone is arrested in a robbery case. While in custody, they tell the police:

“I hid the stolen jewellery under a bridge near the old factory.”

The police go to that spot and recover the jewellery.

In this case:

• The statement itself is inadmissible.
• But the fact that jewellery was recovered from that location can be used as evidence.
• Only the part of the confession that led to the recovery is legally valid.

Conclusion

Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 is an essential protection in the Indian justice system. It prohibits anyone from being convicted simply because they had admitted to the police, particularly under coercion.

Instead, only verifiable facts and evidence matter.

So if a confession leads to the recovery of a murder weapon or stolen cash, only that discovery becomes admissible not the confession itself.

If you are involved in a criminal case or feel that your rights were violated during interrogation, consult an expert criminal lawyer. 

Lead India offers free legal advice and case analysis talk to us today.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

1. Is a confession made to a police officer admissible in court?

No. Such confessions are inadmissible unless they result in the discovery of a relevant fact or item connected to the crime.

2. Can a voluntary confession during police custody be used as evidence ?

No, unless made in the presence of a magistrate. Voluntary or not, the location matters.

3. What if someone confesses and also helps recover stolen property ?

Only the part of the statement that directly led to the recovery of property is admissible in court.

4. Why are confessions to police not accepted ?

Because they may be obtained under threat, force, or pressure, making them unreliable.