An accused in police custody gives information and the police discover a hidden object in consequence.…
The discovery must occur in consequence of information from a person accused of an offence in police custody. Only information distinctly relating to the fact discovered may…
Choose your answer
An accused in police custody gives information and the police discover a hidden object in consequence. Under the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, what part of the information may be proved against the accused?
Answer and explanation
Correct answer C
The discovery must occur in consequence of information from a person accused of an offence in police custody.
Only information distinctly relating to the fact discovered may be proved, whether it amounts to a confession or otherwise.
Option feedback
Option A
Custody does not make all of the information provable.
Option B
A general connection to the offence is insufficient. The information must relate distinctly to the discovery.
Option C
The proviso admits the part distinctly connected to the fact discovered in consequence of the information.
Option D
Writing and signature are not the test in the discovery proviso.
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