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While in police custody, a person accused of theft tells an officer that they opened the safe with a…

The proviso to section 23(2) permits the part distinctly relating to the discovery. It covers the key’s location and the accused’s knowledge of it.

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While in police custody, a person accused of theft tells an officer that they opened the safe with a key, committed the theft and kept the key in the patio of their house. Police discover the key there because of the disclosure and give evidence of the discovery. Which part of the information may be proved under the discovery proviso of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer D

The proviso to section 23(2) permits the part distinctly relating to the discovery. It covers the key’s location and the accused’s knowledge of it.

Option feedback

Option A

The discovery does not make the accompanying admission of theft provable as part of the disclosure.

Option B

An assertion about the prior use of the key does not distinctly relate to discovering it at its hidden location.

Option C

The claim about opening the safe is past conduct and destruction of evidence was not part of the disclosure.

Option D

The proviso to section 23(2) permits the part distinctly relating to the discovery. It covers the key’s location and the accused’s knowledge of it.

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