Section 22 – Bharatiya Sakshya Adhiniyam (BSA) – Confession Caused By Inducement, Threat, Coercion Or Promise, When Irrelevant In Criminal Proceeding.

Code

A confession made by an accused person is irrelevant in a criminal proceeding if it appears to the Court that the confession was caused by:

• Any inducement, threat, coercion, or promise,
• Relating to the charge against the accused,
• Made by a person in authority,
• And sufficient, in the Court’s opinion, to give the accused reasonable grounds to suppose that by confessing, they might gain some advantage or avoid any evil of a temporal nature in connection with the case.

Provisos:

1. If the influence of the inducement/threat/coercion is fully removed, the confession may become relevant.
2. A confession does not become irrelevant merely because:
   • It was made under a promise of secrecy,
   • It was obtained by deception,
   • The accused was drunk,
   • It was made in response to questions the accused wasn’t obligated to answer,
   • The accused wasn’t warned about the right to remain silent.

 Explanation

Section 22 sets safeguards to ensure that confessions used in criminal trials are voluntary and trustworthy. ⚖️ The section protects accused individuals from:

• Forced confessions,
• Confessions made under undue pressure,
• Confessions made out of fear or hope of benefit.

However, courts retain discretion. If a confession is made voluntarily and is not the result of pressure—even if obtained through trickery or secrecy—it may still be admissible.

 Illustration

A is accused of theft. A confesses after a police officer tells him, “If you confess, you’ll be released quickly.” This confession is not relevant—it’s based on inducement from a person in authority. A confesses to his cellmate thinking their talk is private. This confession may still be admissible, as it wasn’t made under threat or inducement, even if the cellmate was a planted informant.

Key Concepts

• Confession must be voluntary to be admissible.
• Threats, inducements, or promises by authority figures invalidate confessions.
• Trickery or lack of caution does not necessarily render a confession inadmissible.
• “Temporal advantage” means worldly, legal, or practical benefits or harms (like lighter sentence, early release, etc.).