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In State of U.P. v. Deoman Upadhyaya (1960), which discovery provision of the former Indian Evidence…

The majority upheld former section 27. The provision allowed proof of only the part of information given by an accused in police custody that related distinctly to a fact…

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In State of U.P. v. Deoman Upadhyaya (1960), which discovery provision of the former Indian Evidence Act, 1872 did the Supreme Court uphold against an equality challenge?

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Correct answer C

The majority upheld former section 27. The provision allowed proof of only the part of information given by an accused in police custody that related distinctly to a fact discovered as a result.

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Option A

Section 25 excluded confessions made to police officers. The question concerns the separate discovery provision.

Option B

Section 26 generally excluded confessions made in police custody, subject to the exception for the immediate presence of a Magistrate.

Option C

The majority upheld section 27. It permitted proof of so much of the information from an accused in police custody as distinctly related to a fact discovered in consequence.

Option D

Section 28 concerned confessions made after an inducement, threat or promise had ceased to affect the maker.

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