An accused in police custody supplies information that leads police to an object concealed at a…
The proviso to section 23(2) permits proof of the part of the custodial information, whether or not confessional, that relates distinctly to the fact discovered. In Pulukuri…
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An accused in police custody supplies information that leads police to an object concealed at a particular place. Under the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, what does the fact discovered encompass?
Answer and explanation
Correct answer C
The proviso to section 23(2) permits proof of the part of the custodial information, whether or not confessional, that relates distinctly to the fact discovered. In Pulukuri Kottaya v. King-Emperor, AIR 1947 PC 67, the Privy Council explained that discovery in this setting encompasses the place from which the object is produced and the accused's knowledge of it. A statement about the object's past use does not become admissible under the proviso merely because police found the object.
Option feedback
Option A
The object is relevant to the recovery, but the allegation of an offence does not establish what was discovered.
Option B
The object's past use and the accused's motive do not describe its concealment at the discovered place.
Option C
The discovery concerns the object's concealment at that place and the accused's knowledge of it.
Option D
The proviso permits proof only of information distinctly related to the fact discovered.
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