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An accused in police custody tells a police officer where a stolen watch is hidden and also admits…

The proviso to Section 23(2) permits proof of the information that distinctly relates to a fact discovered in consequence of information from an accused in police custody.…

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An accused in police custody tells a police officer where a stolen watch is hidden and also admits stealing it. The police discover the watch in consequence of the information. Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, which part of the statement may be proved under the discovery proviso?

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Answer and explanation

Correct answer A

The proviso to Section 23(2) permits proof of the information that distinctly relates to a fact discovered in consequence of information from an accused in police custody.

The statement locating the watch can be proved to that extent. The separate admission of theft falls outside the discovery proviso.

Option feedback

Option A

The proviso admits the information distinctly related to the discovered fact.

Option B

Recovery does not make the entire statement admissible. The distinct link to discovery limits what can be proved.

Option C

The admission of theft concerns the past offence. It does not identify the discovered location or the accused's knowledge of it.

Option D

Custody is a condition for this proviso. It does not preclude proof of the part that distinctly relates to the discovery.

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