Which one of the following statements with regard to confession is correct?

Correct option is C

The correct option is (c) Confessions are not admissible if they are made to a police officer whilst in custody unless it be made in the immediate presence of a Magistrate.

Explanation

Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the law provides strict safeguards to protect an accused from coerced or forced confessions. This rule is found in Section 23.

• The Rule: Section 23(2) states that no confession made by any person while they are in the custody of a police officer shall be proved against them, unless it is made in the immediate presence of a Magistrate.
• The Logic: The presence of a Magistrate acts as a guarantee that the confession is voluntary and not the result of police torture or pressure. Without a Magistrate's presence, the environment of police custody is considered inherently coercive.
• Transition from Old Law: This provision combines and clarifies the rules previously found in Section 26 of the Indian Evidence Act, 1872.

Information Booster

The BSA 2023 structures the law on police confessions into two main prohibitions and one significant exception under Section 23:

1. Section 23(1): Absolute bar on confessions made to a police officer (regardless of whether the person is in custody or not).
2. Section 23(2): Bar on confessions made while in custody (to anyone), unless a Magistrate is present.
3. The Proviso (Discovery): If information given by an accused in custody leads to the discovery of a fact (like finding a hidden weapon), then the part of that information that specifically relates to the discovery can be proved, even if it was told only to a police officer.