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An accused tells a police officer while in police custody, “I killed the victim with a knife, washed…

The proviso to section 23(2) allows proof of information from an accused in police custody only so far as it distinctly relates to the fact discovered because of it. The…

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An accused tells a police officer while in police custody, “I killed the victim with a knife, washed the knife in the pond, and can show you where it is hidden under the culvert.” Police find the knife there because of the statement. Under section 23 of the Bharatiya Sakshya Adhiniyam, 2023, what information from the statement may be proved?

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Answer and explanation

Correct answer C

The proviso to section 23(2) allows proof of information from an accused in police custody only so far as it distinctly relates to the fact discovered because of it. The discovery here establishes the knife's location and the accused's knowledge of that location. The account of killing and washing is outside the exception on these facts.

Option feedback

Option A

The admission of killing and the earlier washing do not distinctly relate to the discovered location.

Option B

The pond washing was not a fact discovered in consequence of the statement.

Option C

The location and the accused's knowledge of it distinctly relate to the discovery that actually followed.

Option D

The proviso permits proof of the information that distinctly relates to the resulting discovery.

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