Revisiting The Admissibility Of Confessions Under The Bharatiya Sakshya Adhiniyam, 2023: A Comparative And Critical Analysis

Written by: Aniket Chakraborty, BA.LL.B(Hons.) 7th Semester School Of Law, Lovely Professional University

Abstract

The adoption of the Bharatiya Sakshya Adhiniyam, 2023, is an important change in the Indian legal context, as it abolishes the Indian Evidence Act of 1872, which was enacted during colonial rule. One of the most urgent sections of the reform is the treatment of confessions, which is involved in the criminal adjudication to the greatest extent. This research paper is a critical analysis of the provisions in regard to admissions and confessions in sections of 15- 26 of the Bharatiya Sakshya Adhiniyam, 2023, as compared to the relevant provisions in the Indian Evidence Act, 1872 and international norms. The research will evaluate the new legal system's capacity to enhance the rights of the accused while ensuring the effectiveness of criminal investigations. 

The paper has examined in the first instance the criteria of admissibility, police confession issue, and the issue of protection against coercion through doctrinal legal research. It also explores how the confession law in India has been developed over the years of jurisprudence with a neutralisation on the landmark cases and how significantly they can be redone in the new act. Comparative analysis with other legal systems like the United Kingdom and the United States gives a wider outlook in best practices and compliance with human rights. 

The paper will end by diagnosing the ambiguities and difficulties in applying the new provisions and give recommendations on how the judicators can interpret the new provisions and how the law can be simplified. The given research adds to the current discourse of the reform of evidence law in India and is aimed at informing both scholarly and policy-oriented debates about the answer to the question of a justified balance between the consideration of the justice delivery and the rights of individuals. 

Keywords: Bharatiya, Sakshya Adhiniyam, Confession, Evidence law, Criminal Justice Reform. 

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