An accused in police custody tells officers where a knife is hidden, and they recover it there. The…
The proviso to section 23(2) permits proof of the part of the information from an accused in police custody that distinctly relates to the fact testified to as discovered in…
Choose your answer
An accused in police custody tells officers where a knife is hidden, and they recover it there. The discovery is testified to in court. Which provision of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of the part of the information that distinctly relates to the fact discovered?
Answer and explanation
Correct answer C
The proviso to section 23(2) permits proof of the part of the information from an accused in police custody that distinctly relates to the fact testified to as discovered in consequence. It applies whether or not that part amounts to a confession.
Option feedback
Option A
Section 21 concerns civil admissions made on an express condition, or under an inferred agreement, that evidence of the admission will not be given.
Option B
Section 22 concerns confessions affected by inducement, threat, coercion or promise and associated exceptions.
Option C
The proviso permits proof of the distinctly related part of custodial information when the resulting discovery is testified to.
Option D
Section 24 concerns a proved confession affecting its maker and another accused jointly tried for the same offence.
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