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.
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