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An accused in police custody gives information to a police officer and a fact is discovered in…

Section 23 generally bars proof of a confession made to a police officer against an accused. Its discovery proviso permits proof of so much of the accused's information as…

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An accused in police custody gives information to a police officer and a fact is discovered in consequence. Under section 23 of the Bharatiya Sakshya Adhiniyam, 2023, what part of that information may be proved against the accused under the discovery proviso?

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Answer and explanation

Correct answer B

Section 23 generally bars proof of a confession made to a police officer against an accused. Its discovery proviso permits proof of so much of the accused's information as relates distinctly to the fact discovered in consequence of that information while the accused was in police custody.

Option feedback

Option A

The discovery does not lift the general bar for the whole police confession.

Option B

The proviso permits only so much of the information as relates distinctly to the discovered fact.

Option C

Custody is a condition of the proviso, not a reason to admit unrelated statements.

Option D

Information unrelated to the discovery falls outside the proviso.

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