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About 14 days ago, I, K and people of my party, lay in wait for S and others at about sunset time at…

Only the portion distinctly relating to the fact discovered is admissible under the proviso to s.23(2) BSA (formerly s.27 of the Indian Evidence Act, 1872), namely "I hid it…

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About 14 days ago, I, K and people of my party, lay in wait for S and others at about sunset time at the corner of Pulipad tank. We all beat S and H to death. The remaining persons F, K and N ran away. D, who was in our party, received blows on his hands. He had a spear in his hand. He gave it to me then, I hid it and my stick in the rick of V in the village. I will show you if you come. We did all this at the instigation of K. From the above passage, which of the following is admissible under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023?

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Correct answer C

Only the portion distinctly relating to the fact discovered is admissible under the proviso to s.23(2) BSA (formerly s.27 of the Indian Evidence Act, 1872), namely "I hid it and my stick in the rick of V in the village. I will show you if you come."; the rest of the statement is an inadmissible confession to police.

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