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An accused in police custody gives information that leads to the discovery of a fact, and evidence of…

The discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam permits proof of only the part of the custodial information that relates distinctly to the fact…

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An accused in police custody gives information that leads to the discovery of a fact, and evidence of that discovery is given in court. What may be proved under the discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023?

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Correct answer C

The discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam permits proof of only the part of the custodial information that relates distinctly to the fact discovered.

The distinctly related part may be proved whether or not that part amounts to a confession.

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Option A

A discovery does not make the entire statement admissible. The proviso limits proof to the distinctly related part.

Option B

Voluntariness does not displace the limits of the police-confession rules and the discovery proviso.

Option C

The distinctly related part may be proved whether or not it amounts to a confession.

Option D

The proviso is not confined to weapons or ornaments, and recovery does not make the entire statement admissible.

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