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A telephones the police and confesses to murdering his wife, giving his motive. The officer records it.…

BSA section 23(1) bars proving the police confession against the accused. The formal identification of the accused as the report’s maker is distinct; incriminating…

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A telephones the police and confesses to murdering his wife, giving his motive. The officer records it. No discovery of a fact follows from the information. At A’s trial, which part can be proved apart from the barred confessional admissions?

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Answer and explanation

Correct answer B

BSA section 23(1) bars proving the police confession against the accused. The formal identification of the accused as the report’s maker is distinct; incriminating admissions within the confessional account cannot be separated merely to evade the bar. The facts exclude the discovery proviso. See section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 and Dauvaram Nirmalkar v. State of Chhattisgarh, paragraph 5.

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Option A

Section 23(1) bars a police confession regardless of whether its maker was in custody.

Option B

The formal identification of the accused as the informant is separable from the excluded confessional narrative.

Option C

Incriminating admissions forming part of the confession cannot be split out by that device.

Option D

Voluntariness alone does not remove the police-confession bar.

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