BSA Section 23: Confession to police officer

No confession made to a police-officer 1 , shall be proved as against a person accused of any offence. Official footnote 1. As to statements made to police-officer investigating a case, see s. 162 of the Code of Criminal Procedure, 1973 (2 of 1974).

(1) No confession made to a police officer shall be proved as against a person accused of any offence (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate 1 , shall be proved as against such person. 2 [ Explanation . -- In this section Magistrate does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3 *** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 4 (10 of 1882).] Official footnote 1.. A coroner has been declared to be a Magistrate for the Purposes of this section, see the coroners Act, 1871 (Act 4 of 1871), s. 20. 2. Ins. by Act 3 of 1891, s. 3. 3. The words "or in Burma" rep. by the A.O. 1937. 4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).

Provided that, when any fact is deposed to as discovered inconsequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.