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An accused in police custody lawfully undergoes a voluntary narco-analysis test with the required…

Consent to the test does not make the test results themselves admissible. Later material discovered with the aid of a voluntary test may be considered under the…

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An accused in police custody lawfully undergoes a voluntary narco-analysis test with the required safeguards. Information from the test leads to the discovery of a hidden object. Which section of the Bharatiya Sakshya Adhiniyam, 2023 contains the rule that can apply to that later discovery?

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Answer and explanation

Correct answer C

Consent to the test does not make the test results themselves admissible. Later material discovered with the aid of a voluntary test may be considered under the custodial-discovery rule, subject to its conditions.

The proviso to section 23(2) permits proof of the part of the information that distinctly relates to the fact actually discovered.

Option feedback

Option A

Section 24 concerns a proved confession affecting jointly tried persons, a different issue from later discovery.

Option B

Section 15 defines an admission and supplies no special custodial-discovery rule.

Option C

The proviso can apply to a fact actually discovered through information from an accused in police custody, subject to its conditions.

Option D

Section 6 concerns motive, preparation and conduct and supplies no custodial-discovery rule.

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