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While in police custody, an accused tells the station house officer, “I opened the safe with the key…

The discovery proviso to section 23(2) admits only the portion of the custodial information that distinctly relates to the fact discovered in consequence. Here, that portion…

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While in police custody, an accused tells the station house officer, “I opened the safe with the key and committed theft. I kept the key in the patio of my house.” Police then recover the key there in consequence of the information. Which part of the information may be proved under the discovery proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer D

The discovery proviso to section 23(2) admits only the portion of the custodial information that distinctly relates to the fact discovered in consequence. Here, that portion locates the key in the patio. The claims about its prior use and the theft do not qualify under the proviso.

Option feedback

Option A

A confession to the theft does not distinctly relate to finding the key in the patio.

Option B

Past use of the key does not distinctly relate to its discovery at the stated place.

Option C

The location information may be proved under the proviso, but the admission of theft remains outside it.

Option D

The information locating the key in the patio distinctly relates to the discovery there.

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