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A person accused of an offence, while in police custody, identifies where a knife is concealed, and…

The proviso to section 23(2) permits proof of so much of the custodial information as distinctly relates to the fact discovered. In a recovery of this kind, the fact…

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A person accused of an offence, while in police custody, identifies where a knife is concealed, and police find it there. Under the discovery rule in the Bharatiya Sakshya Adhiniyam, 2023, what does the fact discovered include?

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Answer and explanation

Correct answer C

The proviso to section 23(2) permits proof of so much of the custodial information as distinctly relates to the fact discovered.

In a recovery of this kind, the fact discovered includes the place of concealment and the accused’s knowledge of it. Recovery of the knife does not make the accused’s entire account provable.

Option feedback

Option A

The discovery is not equivalent to the mere physical object recovered.

Option B

An account of past use does not become admissible merely because the object is recovered.

Option C

The place from which the object is produced and the accused’s knowledge of it are part of the fact discovered.

Option D

Only the information distinctly related to the fact discovered may be proved under this exception.

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