According to the text of the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, an…

The text of the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 27 of the Indian Evidence Act, 1872) does not itself require the accused’s discovery information to be recorded before two panch witnesses, a Gazetted Officer or two police officers (see State, Govt. of NCT of Delhi v. Sunil, (2001) 1 SCC 652). Admissibility under the proviso depends on information received from an accused in police custody and proof of the portion that distinctly relates to the fact discovered. While Subramanya v. State of Karnataka (2022) describes calling two independent panch witnesses as a rule of caution for drawing up a discovery panchnama, neither the proviso to Section 23(2) nor the Bharatiya Nagarik Suraksha Sanhita, 2023 makes the offered witness-composition options a statutory requirement of the proviso itself.