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An accused in police custody gives information that leads investigators to find an object in a hiding…

The discovery includes the place where the object was recovered and the accused’s knowledge that it was there. Only the part of the information distinctly relating to the…

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An accused in police custody gives information that leads investigators to find an object in a hiding place. What does the discovery rule in the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allow the court to consider about the fact discovered?

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Answer and explanation

Correct answer C

The discovery includes the place where the object was recovered and the accused’s knowledge that it was there. Only the part of the information distinctly relating to the discovery may be proved under the proviso.

Option feedback

Option A

Recovery of the physical object alone does not exhaust the discovery.

Option B

The accused’s knowledge that the object was at the location is part of the discovered fact.

Option C

The discovered fact embraces the recovery location and the accused’s knowledge that the object was there.

Option D

A claim about past use is outside the proviso unless it distinctly relates to the discovered fact.

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