While an accused is under actual police restraint, the accused gives information that leads to a…
Actual police custody can exist before a formal arrest is recorded. The proviso to section 23(2) can therefore apply if its conditions are established. Only the portion of…
Choose your answer
While an accused is under actual police restraint, the accused gives information that leads to a discovery. Police record the formal arrest later. What is the effect of that timing under the proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023?
Answer and explanation
Correct answer A
Actual police custody can exist before a formal arrest is recorded. The proviso to section 23(2) can therefore apply if its conditions are established. Only the portion of the information that relates distinctly to the fact discovered may be proved.
Option feedback
Option A
Actual custody can satisfy the custody element. The other statutory conditions still apply.
Option B
Formal arrest is not invariably required for actual police custody.
Option C
A prior remand order is not required by the discovery proviso.
Option D
The proviso permits proof only of the portion distinctly connected with the discovery.
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