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​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Confession to Police Officer (Section 23) 
1. General Rule
  • Confession to police officer → NOT admissible
  • Based on:
    • Risk of coercion / torture
    • Lack of reliability

2. Section 23 – Core Provisions(1) Confession to Police
  • No confession made to a police officer
    👉 Cannot be proved against the accused

(2) Confession in Police Custody
  • Confession made while in police custody
    👉 Not admissible
    ❗ Exception:
  • If made in immediate presence of Magistrate

(3) Proviso (Discovery Exception)
  • If information from accused leads to discovery
    👉 Only that part of statement is admissible
  • Applies whether it is confession or not

3. Rationale (Why Confessions to Police Are Excluded)
  • Prevent third-degree methods
  • Ensure fair investigation
  • Protect accused from coercion
  • Based on public policy

4. Meaning of “Police Officer”
  • Determined by powers, not designation
  • Must have:
    • Power to investigate, and
    • Power to file police report (charge sheet)

5. Confession vs Non-Confession
  • Only confessional statements are barred
  • Non-confessional statements:
    • Can be admissible
    • May be used as admission

6. Confessional FIR
  • Only:
    • Non-confessional part → admissible
    • Discovery-related part → admissible
  • Confessional part → ❌ Not admissible

7. Meaning of Police Custody
  • Not limited to jail
  • Includes:
    • Any form of police control
  • Even:
    • Open space
    • Travel situation
    • Temporary absence of police → still custody

8. Confession in Custody
  • Wide meaning:
    • Physical restraint OR
    • Mental control by police
  • Example:
    • Confession to third person while under police control → ❌ inadmissible

9. Role of Magistrate
  • Confession valid if:
    • Made in immediate presence of Magistrate
  • Reason:
    • Ensures voluntariness
    • Removes fear of coercion

10. Proviso to Section 23 – Key ConceptDoctrine: Confirmation by Subsequent Events
  • Discovery of fact = guarantee of truth

11. Conditions for Applying ProvisoAll must be satisfied:
  1. Fact discovered due to information
  2. Accused must be:
    • In custody
    • Accused of offence
  3. Only relevant portion admissible
  4. Discovery must be proved by witness
  5. Fact must relate to crime

12. “Distinctly Related” – Meaning
  • Only that part which:
    • Directly leads to discovery
  • Excludes:
    • Indirect or unrelated parts

13. Meaning of “Fact Discovered”Includes:
  • Physical object
  • Place of discovery
  • Knowledge of accused

14. Discovery Evidence
  • Weak type of evidence
  • Needs corroboration
  • Cannot solely prove guilt

15. Disclosure Statement
  • Shows:
    • Place of concealment
    • Knowledge of accused

16. Joint Disclosure
  • Not automatically inadmissible
  • But:
    • Reliability is questionable
  • Courts treat with caution

17. Section 23 & Article 20(3)
  • No violation if:
    • Statement is voluntary
  • Violation only if:
    • Compulsion / coercion used

18. Key Judicial Principles
  • Confession to police → completely barred
  • Only discovery-based part → admissible
  • Entire confession cannot be split except:
    • Under proviso

19. Important Takeaways
  • Police confession = inadmissible
  • Custodial confession = inadmissible
  • Exception = Magistrate presence / discovery
  • Discovery = partial admissibility
  • Strong emphasis on fairness & protection of accused

Quick Revision Line👉 Confession to police is barred, but the truth revealed through discovery is allowed.
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