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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 proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of the portion of a custodial statement that relates distinctly to the fact discovered in…

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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 custodial statement of the accused leading to the recovery of the spear and stick, which of the following portions is admissible under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 27 of the Indian Evidence Act, 1872)?

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Answer and explanation

Correct answer C

The proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of the portion of a custodial statement that relates distinctly to the fact discovered in consequence of that information. Here that is the disclosure of the hiding place and offer to show it. The discovery concerns the objects, their location and the accused's knowledge of that location.

Option feedback

Option A

The admission of the killings does not distinctly relate to the fact discovered.

Option B

The earlier events and the transfer of the spear concern its prior history, rather than its discovery.

Option C

This portion identifies the hiding place and the accused's knowledge of where the objects could be found.

Option D

The alleged instigation does not distinctly relate to the fact discovered.

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