Why a Confession to Police Is Not Evidence: BSA Section 23 (2026)
Why a confession made to a police officer cannot be used against the accused, what Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 says, and how it maps to Sections 25 to 27 of the old Evidence Act. Last verified October 2026.
Explainer · BSA · Evidence Law
Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the rule that a confession made to a police officer cannot be used against the accused, and a confession in police custody can be proved only before a Magistrate. It replaced Sections 25, 26 and 27 of the Indian Evidence Act, 1872 from 1 July 2024. It is a rule of evidence, not an offence, so it carries no punishment. Last verified October 2026.
- What it is: Section 23 of the BSA, 2023, the bar on using a police confession against the accused.
- Old law: it replaced Sections 25, 26 and 27 of the Indian Evidence Act, 1872.
- The exception: the discovery rule (old Section 27) lets the court prove the part of the information that leads to a fact discovered.
- No punishment: this is an evidence rule, not an offence, so it carries no punishment.
- Search and track: Claw finds Section 23 judgments and tracks live cases across 9,102 forums.
01What Section 23 covers
Section 23 of the BSA protects an accused person from a confession that was made to the police. The rule exists because a confession to a police officer carries a real risk of pressure, and the law treats it as unsafe to use against the maker.
The protection has two limbs. First, a confession made to a police officer cannot be proved against the person accused of an offence. Second, a confession made by a person while in the custody of the police cannot be proved against that person, unless it was made in the immediate presence of a Magistrate.
So if an investigating officer records a statement in which the accused admits the crime, that admission, by itself, does not go in as evidence. This is one of the most important safeguards in Indian criminal law, and "bsa section 23" is the new home for it.
02The two rules and the one exception
Read Section 23 as two bars and one narrow door.
The bars
- A confession to a police officer is not provable against the accused.
- A confession in police custody is not provable, unless made in the immediate presence of a Magistrate.
The exception: discovery
There is one well known exception, carried into Section 23. When a fact is discovered because of information given by an accused in police custody, so much of that information as relates distinctly to the fact discovered may be proved, whether or not it amounts to a confession. This is the discovery rule that lawyers knew as Section 27 of the old Act.
A confession to the police is not evidence. But the part of what the accused said that leads the police to a hidden fact can be proved, because the discovery itself confirms it.
The logic is practical. If the accused says where a weapon is hidden, and the police then find the weapon at that spot, the discovery supports the truth of that limited piece of information. The rest of the confession stays out.
03Section 23 and old Sections 25 to 27
Section 23 of the BSA brings together three sections that used to stand apart in the Indian Evidence Act, 1872.
| Old law (Indian Evidence Act, 1872) | New law (BSA, 2023) | Subject |
|---|---|---|
| Section 25 | Section 23(1) | Confession to a police officer not provable |
| Section 26 | Section 23(1) | Confession in police custody, unless before a Magistrate |
| Section 27 | Section 23(2) | Discovery: how much information may be proved |
If you are searching for "section 25 evidence act in bsa", the answer is Section 23. The three old rules are consolidated, but their substance is largely unchanged.
04Is there a punishment? Is it cognizable or bailable?
Section 23 does not create an offence, so it has no punishment. The words cognizable, bailable, and triable by do not apply to it. It is a rule of evidence that controls what a court may and may not read against the accused.
The offence that the accused is charged with is dealt with under its own section in the Bharatiya Nyaya Sanhita, 2023. Section 23 only decides whether a police confession can be used to prove that charge, and in almost every case the answer is that it cannot.
05What changed from the old law
For anyone trained on the old sections, the change is mostly about location, not substance.
- Three sections became one. Sections 25, 26 and 27 now sit together in Section 23, which makes the scheme easier to read as a whole.
- The protection continues. A confession to the police is still not evidence, and custody confessions still need a Magistrate.
- Discovery survives. The narrow discovery exception is kept, so settled case law on the point still guides how it is applied.
For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA. For a related topic, see the rule on a dying declaration under Section 26.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Confession and custody questions under Section 23 are argued in a huge number of criminal matters, and the courts keep refining how the discovery exception works. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have read Section 23 and the old Sections 25 to 27, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds.
Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is Section 23 of the BSA?
Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 says a confession made to a police officer cannot be proved against the accused, and a confession in police custody can be proved only if made in the immediate presence of a Magistrate. It is the new home for a core protection in Indian criminal law.
Which sections of the Evidence Act is Section 23 of the BSA?
Section 23 corresponds to Sections 25, 26 and 27 of the Indian Evidence Act, 1872. Sections 25 and 26 are now in Section 23(1), and the discovery exception of Section 27 is now in Section 23(2).
Can a confession to police ever be used in India?
As a confession, no. The only narrow route is the discovery rule: so much of the information given by an accused in custody as leads distinctly to a fact that is discovered may be proved. The rest of the confession stays out.
Is a confession in police custody admissible?
Only if it was made in the immediate presence of a Magistrate. A custody confession recorded by the police alone cannot be proved against the accused under Section 23 of the BSA.
What is the punishment under Section 23 of the BSA?
There is none. Section 23 is a rule of evidence, not an offence, so it carries no punishment and the terms cognizable or bailable do not apply to it. The offence itself is charged under its own section in the Bharatiya Nyaya Sanhita, 2023.
How can I find judgments on Section 23 and the discovery rule?
Claw lets you search 30 crore+ judgments across the Supreme Court and 25 High Courts by section, party or advocate, and track live cases across 9,102 forums, with results in under 5 seconds. You can create a free account to search and track cases under this section.