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Before any police investigation begins, an accused gives a police officer a statement admitting a…

Sections 15 and 19 of the Bharatiya Sakshya Adhiniyam, 2023 allow a relevant admission to be proved against its maker. Section 23 bars proof of a confession to a police…

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Before any police investigation begins, an accused gives a police officer a statement admitting a relevant fact without confessing to the offence. The prosecution seeks to prove the admission against the accused, and no other exclusion applies. How should the court treat it?

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Answer and explanation

Correct answer B

Sections 15 and 19 of the Bharatiya Sakshya Adhiniyam, 2023 allow a relevant admission to be proved against its maker. Section 23 bars proof of a confession to a police officer against the accused. Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerns statements made in the course of an investigation.

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Option A

The confession bar does not exclude every non-confessional admission made to the police.

Option B

A relevant non-confessional admission made outside investigation can be proved against its maker.

Option C

Voluntariness alone does not lift the statutory bar on proving a confession to a police officer against the accused.

Option D

The discovery proviso is a distinct route for narrowly identified information. It is not a prerequisite for this admission.

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