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While in police custody, an accused person tells the police, “I have buried the gun with which I killed…

The proviso permits proof only of the part of the information that relates distinctly to the fact discovered in consequence of information received from an accused in police…

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While in police custody, an accused person tells the police, “I have buried the gun with which I killed B, under the tree in my garden. I will show you.” Acting on this information, the police find the previously undiscovered gun at that spot. Which part of the statement falls outside the discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

The proviso permits proof only of the part of the information that relates distinctly to the fact discovered in consequence of information received from an accused in police custody. Finding the hidden gun can establish its location and the accused person’s knowledge of that location. The allegation about its past use falls outside this exception.

Option feedback

Option A

Burying the gun describes its concealment and relates to what was discovered.

Option B

The claim about killing B describes the gun’s alleged past use, which finding the gun in the garden does not establish.

Option C

The tree identifies the spot where the gun was found.

Option D

The garden locates the tree and the concealed gun.

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