Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.

What this section does

A confession made by an accused is irrelevant in a criminal proceeding if it was caused by inducement, threat, coercion, or promise from a person in authority, relating to the charge, and sufficient to make the accused believe he would gain an advantage or avoid a temporal evil. Once the impression of such inducement is fully removed, a subsequent confession becomes relevant. A confession is not rendered irrelevant merely because it was made under a promise of secrecy, by deception, while drunk, in answer to questions the accused need not have answered, or without a warning of the right to remain silent.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A confession induced by threat, promise, coercion or inducement from a person in authority is irrelevant; voluntariness is the touchstone.

When it applies

• A police officer tells the accused that if he confesses he will be released — a confession made in consequence of this promise is irrelevant.
• After the accused is transferred to judicial custody and the effect of earlier police inducement has fully dissipated, a fresh confession made to a Magistrate is relevant.

• EVIDENCE Section 24 — Confession caused by inducement / threat / promise — irrelevant