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An accused in police custody gives information to investigators. Under the discovery proviso to section…

The discovery proviso requires information from an accused in police custody and a fact discovered in consequence of that information. The part of the information distinctly…

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An accused in police custody gives information to investigators. Under the discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, which part may be proved on that basis?

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Answer and explanation

Correct answer A

The discovery proviso requires information from an accused in police custody and a fact discovered in consequence of that information.

The part of the information distinctly relating to the discovery may be proved, whether or not that part is confessional.

A disclosure that merely repeats a known fact does not itself produce a discovery.

Option feedback

Option A

The proviso requires actual discovery and confines proof to the part distinctly related to it.

Option B

A recovery does not make every surrounding admission or confession provable.

Option C

A bare repetition of the already known fact does not discover it.

Option D

Police custody alone does not satisfy the discovery proviso.

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