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An accused remains in police custody. While the police officer is absent, the accused confesses to a…

Section 23(2) provides that no confession made by a person "whilst he is in the custody of a police officer" shall be proved against him unless it is made "in the immediate…

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An accused remains in police custody. While the police officer is absent, the accused confesses to a private third person, with no Magistrate in the immediate presence and no discovery proviso applicable. Under BSA section 23(2), what follows?

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Correct answer B

Section 23(2) provides that no confession made by a person "whilst he is in the custody of a police officer" shall be proved against him unless it is made "in the immediate presence of a Magistrate". The bar turns on custody, not on who hears the words, so a confession to a private person while the officer is away cannot be proved, and a private person is no substitute for a Magistrate.

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