When is a confession made by a person in police custody admissible under the Bharatiya Sakshya Adhiniyam, 2023 ?
Explanation & Strategy
Click any section to expand · only one open at a time
Under BSA 2023 (corresponding to S.26 of the old Evidence Act), a confession made in police custody is admissible ONLY if made in the immediate presence of a Magistrate. Not in writing without Magistrate, not with independent witnesses, not after chargesheet. The Magistrate's presence is the sole safeguard.