Question

When is a confession made by a person in police custody admissible under the Bharatiya Sakshya Adhiniyam, 2023?

• A. Only if it is made voluntarily in writing
• B. Only if made in the immediate presence of a Magistrate
• C. Only if supported by two independent witnesses
• D. Only if recorded after the charge sheet is filed

Hint:

Police custody confession = inadmissible unless Magistrate present.

Answer 1

The Correct Option is B

Step 1: Apply the rule.
Like old Section 26 of Evidence Act, the Bharatiya Sakshya Adhiniyam retains that confessions in police custody are admissible ONLY if made in the presence of a Magistrate.
Step 2: Rationale.
This prevents coercion and ensures voluntariness.
Step 3: Conclusion.
Thus, admissibility arises only when made before a Magistrate.