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While in police custody, an accused confesses to the hospital’s duty doctor. No Magistrate is present…

Section 23(2) bars proof of this confession against the accused because it was made while in police custody outside a Magistrate’s immediate presence. The discovery proviso…

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While in police custody, an accused confesses to the hospital’s duty doctor. No Magistrate is present and the confession leads to no discovery. Can the prosecution prove the confession under the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 23(2) bars proof of this confession against the accused because it was made while in police custody outside a Magistrate’s immediate presence.

The discovery proviso has no application on these facts. The rule on confessions made to police officers and the rule on former testimony do not supply the governing ground.

Option feedback

Option A

The custody bar applies even when the recipient is someone other than a police officer.

Option B

Section 23(2) applies because the accused was in police custody and no Magistrate was immediately present. The discovery proviso does not apply on these facts.

Option C

Section 27 concerns qualifying evidence already given in a judicial proceeding or before a legally authorised person. The hospital conversation is not such testimony.

Option D

Section 23(1) concerns confessions made to police officers. The duty doctor is not described as a police officer.

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