Read the below statements marked as Assertion (A) and Reason (R). Mark the correct options:
Assertion (A): A confession made to a police officer is inadmissible in court.
Reason (R): Section 23 of Bharatiya Sakshya Adhiniyam retains the principle of voluntariness in confession.
Show answer & explanation
Correct answer: A
Explanation
The correct answer is option 1 i.e. Both A and R are true, and R is the correct explanation of A.
Under Indian law, a confession made to a police officer is considered inadmissible to prevent custodial torture and ensure that admissions are not coerced. Assertion (A) is correct as this safeguard protects the accused's rights. Reason (R) is also correct; Section 23 of the Bharatiya Sakshya Adhiniyam (BSA)—which replaces Section 25 of the Indian Evidence Act—maintains that confessions must be voluntary. Since police presence is presumed to be inherently coercive, the law excludes such statements to uphold the principle of voluntariness.