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Section 23, Bharatiya Sakshya Adhiniyam 2023 (Discovery Rule)

Definition

The provision (successor to Section 27 of the Indian Evidence Act 1872) under which information given by a person in police custody is admissible only to the extent that it leads to the discovery of a fact. The statement itself is not evidence; the discovered fact is. This provision is the mechanism through which leads obtained during deception-detection procedures may indirectly influence a case.

Statute
Bharatiya Sakshya Adhiniyam 2023, s.23
Successor to
Indian Evidence Act 1872, s.27
Rule
Custodial statement admissible only as leads to discovery
Relevance
Links deception-detection leads to admissible fact

Common questions

What is admissible under Section 23 BSA even though the statement itself is not evidence?+

Only the fact discovered as a direct result of the information given, such as recovery of a weapon or body from a location the accused disclosed, is admissible; the accused's words describing how they knew are generally excluded.

How does the discovery rule connect to narco-analysis or polygraph results?+

Statements made during such procedures are not themselves admissible as substantive evidence, but if they lead investigators to a previously unknown fact that is independently verified, that discovered fact can become admissible under this provision.

Why does the discovery rule exist as a safeguard?+

It balances the investigative value of custodial disclosures against concerns about coercion, by limiting admissibility to objectively verifiable discovered facts rather than the confession-like content of what the accused said.

Related terms

Article 20(3) (Indian Constitution)
The constitutional provision that states no person accused of any offence shall be compelled to be a witness against themselves. India's Supreme...
Brain Electrical Activation Profile (BEAP / P300 Test)
A method that uses electroencephalography (EEG) to detect the P300 event-related potential, a positive-going brainwave that occurs approximately 300 milliseconds after a...
Narco-Analysis
A technique in which a subject is administered a barbiturate or benzodiazepine drug (commonly sodium pentothal or midazolam) to induce a hypnotic...
Polygraph
An instrument that simultaneously records multiple physiological channels including blood pressure, respiration rate, galvanic skin response, and sometimes heart rate while the...
Selvi V State of Karnataka
A 2010 decision of the Supreme Court of India in which a three-judge bench held unanimously that compulsory administration of narco-analysis, polygraph,...

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