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The proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of a qualifying…

The discovery proviso limits proof to the part of the information that relates distinctly to the fact discovered. Its text does not prescribe who must witness the recording.

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The proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 allows proof of a qualifying discovery disclosure made by an accused in police custody. Which requirement does the proviso itself impose?

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Answer and explanation

Correct answer D

The discovery proviso limits proof to the part of the information that relates distinctly to the fact discovered. Its text does not prescribe who must witness the recording.

Option feedback

Option A

The proviso does not prescribe independent recording witnesses. Independent witnesses can strengthen the evidence.

Option B

The proviso does not require a Gazetted Officer to attend the recording.

Option C

The proviso does not prescribe two police officers at the recording.

Option D

Only the part that relates distinctly to the fact discovered may be proved under the proviso.

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