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A person accused of murder is in police custody, freely consents to a narcoanalysis test conducted with…

Selvi and Amlesh Kumar distinguish direct admission of a voluntary narcoanalysis result from proof based on a subsequent discovery. The proviso to section 23(2) of the…

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A person accused of murder is in police custody, freely consents to a narcoanalysis test conducted with the required safeguards, and makes an incriminating statement during it. What can the prosecution prove on that basis?

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Answer and explanation

Correct answer A

Selvi and Amlesh Kumar distinguish direct admission of a voluntary narcoanalysis result from proof based on a subsequent discovery.

The proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of the part of custodial information that distinctly relates to a fact discovered in consequence of it.

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Option A

The discovery proviso applies only to the portion distinctly related to a fact discovered. The test statement is not directly admissible as a confession.

Option B

Consent to the test does not make its induced statements directly admissible.

Option C

Corroboration does not lift the exclusion of the induced confession itself.

Option D

A lead by itself does not satisfy the discovery proviso.

Option E

A voluntary test report is not direct evidence of the confession and cannot sustain a conviction on its own.

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