Read the below statements marked as Assertion (A) and Reason (R). Mark the correct options: Assertion (A): A confession made to a police officer is inadmissible in court. Reason (R): Section 23 of Bharatiya Sakshya Adhiniyam retains the principle of voluntariness in confession.
- (a)Both A and R are true, and R is the correct explanation of A.
- (b)Both A and R are true, but R is not the correct explanation of A.
- (c)A is true, R is false.
- (d)A is false, R is true.
Answer
Why
Correct — A. A is true. Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 says: "No confession made to a police officer shall be proved as against a person accused of any offence."
SSC's key reads R as true and as the reason for A. The bar, carried over from the Indian Evidence Act, 1872, rests on distrust of confessions made to the police.
The key treats that distrust as the voluntariness principle → option (a). The note on the key records the doubt.
Why the others are wrong
- (b)Both A and R are true, but R is not the correct explanation of A. — SSC's key links R to A: it reads the police-confession bar as resting on doubts about voluntariness, so R is taken as the reason A holds, not a separate truth beside it.
- (c)A is true, R is false. — SSC's key accepts R, reading Section 23's bar on police confessions as carrying the old Act's concern with voluntariness into the new law. The note on the key records why a strict reading differs.
- (d)A is false, R is true. — A is true. Section 23 bars proving a confession made to a police officer against the accused, so the statement that such a confession is inadmissible cannot be false.
Concept
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024 and kept the old confession rules under new section numbers.
Section 22 makes a confession irrelevant in a criminal proceeding if it was caused by inducement, threat, coercion or promise. Section 23 bars a confession made to a police officer from being proved against the accused.
The explicit voluntariness test (inducement, threat, coercion or promise) sits in Section 22. Section 23 is the specific bar on police confessions, and the key reads R as naming the principle behind that bar.
Reading the same bar in the Evidence Act, the Supreme Court held in Aghnoo Nagesia v. State of Bihar (1965) that a confession made to a police officer under any circumstances is not admissible against the accused.
Key facts
- The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 and came into force on 1 July 2024.
- BSA Section 23: no confession made to a police officer shall be proved as against a person accused of any offence.
- BSA Section 22: a confession caused by inducement, threat, coercion or promise is irrelevant in a criminal proceeding.
- Article 20(3): no person accused of any offence shall be compelled to be a witness against himself.
Study next
Common traps
- Choosing (b) because R reads like a general principle. The key reads that principle as the reason the police-confession bar exists.
- Confusing a confession to the police, which cannot be proved, with one recorded by a Magistrate, which can.
Here the Adhiniyam is tested through a section number inside an Assertion–Reason pair. It is asked by the law it replaced at 22 Sep 2025, 09:00, GA Q.6, and for its handling of digital evidence at 12 Sep 2025, 09:00, GA Q.17.
Related PYQs
No directly related past PYQ was found.