Site navigation

The police discover a fact as a result of information supplied to them. Under the proviso to section…

The discovery proviso requires that the informant be accused of an offence and in the custody of a police officer. Only the part of the information that relates distinctly…

Choose your answer

The police discover a fact as a result of information supplied to them. Under the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, whose information may be proved to the extent it distinctly relates to that discovery?

Select one answer
Answer and explanation

Correct answer B

The discovery proviso requires that the informant be accused of an offence and in the custody of a police officer.

Only the part of the information that relates distinctly to the resulting discovery may be proved under the proviso, whether or not that part amounts to a confession.

Option feedback

Option A

Accused status alone is insufficient because the discovery proviso also requires police custody.

Option B

The informant meets the status and custody requirements. Proof remains limited to information distinctly related to the resulting discovery.

Option C

Police custody alone is insufficient because the informant must also be accused of an offence.

Option D

The proviso requires both accused status and police custody.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic