BSA Section 23 — Confession to police officer
CHAPTER II RELEVANCY OF FACTS — Admissions
General
Summary
Sub-section (1) states that a confession made to a police officer cannot be proved against a person accused of any offence. This means such a confession is not admissible as evidence in court against the accused.
Sub-section (2) states that a confession made by a person while in police custody cannot be proved against that person, unless it is made in the immediate presence of a Magistrate. This means a confession made in custody is generally inadmissible, but becomes admissible if a Magistrate is directly present when it is made.
The proviso to sub-section (2) states that when a fact is discovered as a result of information received from a person accused of an offence who is in police custody, then that part of the information which relates distinctly to the fact discovered may be proved. This applies whether the information amounts to a confession or not, but only the portion of the information that is directly connected to the discovered fact is admissible.
Official Text
(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:
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.
