Is a confession to police valid in court?

No. A confession made to a police officer is not admissible as evidence in court under BSA Section 23. Only confessions before a Magistrate are valid.

Under BSA Section 23 (formerly Indian Evidence Act Section 25), any confession made to a police officer is inadmissible in court. This protection exists to prevent police from extracting confessions through coercion or torture. BSA Section 23(2) further provides that even confessions made in police custody are inadmissible unless made in the immediate presence of a Magistrate. Only a confession recorded by a Magistrate under BNSS Section 183, after ensuring it is voluntary and after warning the accused that they are not obligated to confess, is admissible. Never confess to police thinking it will help — always consult a lawyer first.

• BSA Section 23 — Confession to police officer not admissible
• BSA Section 23(2) — Confession in police custody