Section 23 of BSA : Section 23: Confession to police officer.
BSA
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Explanation using Example
Example 1:
Ravi is arrested on suspicion of theft and is taken to the police station for questioning. During the interrogation, Ravi confesses to the police officer that he stole a valuable necklace from a local jewelry store. According to Section 23 of The Bharatiya Sakshya Adhiniyam 2023, this confession cannot be used as evidence against Ravi in court because it was made to a police officer.
Example 2:
Priya is in police custody for allegedly being involved in a drug trafficking ring. While in custody, she tells the police officer that she has hidden a stash of drugs in her house. The police then search her house and find the drugs exactly where Priya said they would be. Although Priya's confession to the police officer cannot be used against her in court, the fact that the drugs were found based on her information can be used as evidence. This is because the discovery of the drugs is a fact that was distinctly related to the information she provided while in custody.