What is Section 22 of BSA 2023

The aim behind making BSA is to modernize and simplify the presentation of evidence in the court. These new provisions will make the judiciary more technologically efficient. The BSA clearly tackles the new types of crimes like cyber crimes and vulnerable groups. The BSA has retained many provisions of the Indian Evidence Act but it was retained in a modernized and simplified form.

Section 22 of BSA 2023

Section 22 of the BSA talks about confessions that are irrelevant. Confessions are statements made by a person admitting the guilt of an offense. This is done by the person committing the offense.

Section 22 para 1 states that confessions are irrelevant if it is made under inducement, threat, promise, or coercion. For the confession to be irrelevant, it should be given by an authority in charge and should be given in reference to the charge made against the accused. Moreover, these inducements, threats, or promises should be sufficient in the eyes of the law to give the accused person the grounds for believing that by doing so he would gain any advantage regarding the proceedings against him. He should have believed that by doing so, he would have avoided any evil of temporal nature.

The second part of Section 22 states that if the confession is made after the impression of inducement, or threat,. Promise or coercion is over, then such a confession would be relevant. Here, the court should be satisfied that the confession has been made free of will.

Para 3 of the above section states that if the confessions are otherwise relevant, then they will not become irrelevant on the ground that the confession was made under a promise of secrecy, was made under deception, or made when he was drunk, or it was made when he was giving answers to questions that he was not bound to answer, or he was not warned that he is not bound to answer such questions as the evidence of it might be used against him.

In all these situations, if the confession has been made then that confession will be relevant and will be taken into evidence against the accused persons.

The key changes

• Section 22 of BSA is similar to section 24 of IEA. Under the IEA, the words coercion was not there. It is added under the BNS. It expands the scope of section 22 of BSA as the confession made under coercion will also not be relevant.
• Section 22 para 2 of the BSA is similar to section 28 of IEA. Both the sections said the same things. Under the BNS, many sections have been combined into one section, thereby reducing the number of sections.
• Section 22 para 3 of the BSA is similar to section 29 of IEA. The only difference is that it is added in one section only.

The major change is that all the different sections related to confession have been combined under one section. Section 22 of BSA ensures that confessions obtained through improper means are not relevant. The major change is the addition of the word coercion which expanded its scope.

These provisions protect the accused against self – incrimination statements and they even maintain the integrity of the criminal justice system. The law by making confession irrelevant if obtained through unlawful means protects the principle of fair trial and the presumption of innocence of the accused until proven guilty.

This section even balances when it says that confession will be relevant if made after the removal of threat or coercion. This section balances between the interest of the accused and the interest of society.

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