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The Proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (relating to how much of…

The proviso to section 23(2) allows proof of the part of the information that distinctly relates to a fact deposed to as discovered because of that information. The person…

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The Proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (relating to how much of information received from an accused may be proved) applies

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Answer and explanation

Correct answer B

The proviso to section 23(2) allows proof of the part of the information that distinctly relates to a fact deposed to as discovered because of that information. The person who supplied it must be accused of an offence and in the custody of a police officer. This rule applies whether or not that part amounts to a confession.

Option feedback

Option A

The person must also be in the custody of a police officer.

Option B

Both status conditions are met. Only the part distinctly relating to the fact discovered in consequence of the information may be proved.

Option C

The person must also be accused of an offence.

Option D

The choice meets neither statutory status condition.

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