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​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Confession Caused by Inducement, Threat, Coercion or Promise (Section 22)
1. Basic Rule
  • Confession must be free and voluntary
  • If obtained by:
    • Inducement
    • Threat
    • Coercion
    • Promise
      👉 It becomes irrelevant in criminal proceedings

2. Core Conditions for IrrelevancyConfession is inadmissible if ALL are present:
  1. There is inducement / threat / coercion / promise
  2. It is made by person in authority
  3. It relates to the charge against the accused
  4. It offers:
    • Advantage, or
    • Avoidance of harm (temporal benefit)

3. Meaning of Key Elements(a) Person in Authority
  • Someone in a position of power or influence
  • Example:
    • Police officer
    • Magistrate
    • Employer (in some cases)

(b) Inducement Must Relate to Charge
  • Must be connected to offence in question
  • Not valid if:
    • Threat/promise relates to other matters

(c) Temporal Benefit
  • Must involve:
    • Worldly/material gain or loss
  • Not sufficient:
    • Moral or spiritual advice
✔ Example:
  • “Tell truth, God will forgive you” → valid confession

4. Proviso 1 – Removal of Influence
  • Confession becomes relevant again if:
    • Effect of inducement/threat is fully removed
  • Court must be satisfied that:
    • Mind is free and voluntary

5. Proviso 2 – Situations Where Confession Still ValidConfession not invalid merely because:
  1. Promise of secrecy
  2. Deception used
  3. Accused was drunk
  4. Answer to questions not bound to answer
  5. No warning given
👉 As long as confession is voluntary

6. Important Distinction
  • Voluntariness = Key test
  • Not method, not form, not circumstances alone

7. Case Principle (Veera Ibrahim Case)
  • Statement was:
    • Not a confession → only admission
  • Section 22 applies only to confession, not all statements

8. Essentials to Apply Section 22Court must check:
  1. Statement is a confession
  2. Made by accused person
  3. Made to person in authority
  4. Caused by inducement/threat/promise
  5. Related to charge
  6. Creates reasonable belief of benefit or harm

9. Key Takeaways
  • Confession must be free, voluntary, and uninfluenced
  • Any improper influence → inadmissible
  • Once influence removed → confession becomes valid
  • Law focuses on fairness and reliability

Quick Revision Line👉 A confession obtained by pressure is rejected; only a free and voluntary confession is admissible.
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