All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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25.

So much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby dicovered by the police may be proved under

A: Section 25 of the Evidence Act
B: Section 26 of the Evidence Act
C: Section 27 of the Evidence Act
D: Section 29 of the Evidence Act

The answer is: C

Explanation

The correct option is C: Section 27 of the Evidence Act.

This section states that when any fact is discovered as a result of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. This section is an exception to the general rule that confessions made to the police are not admissible in evidence, as it is based on the principle that if the discovery of a fact corroborates the information given by the accused, it is more likely to be true. However, the information that can be proved under this section must be limited to the fact discovered, and not extend to any other matter that may incriminate the accused. This section also protects the accused from being compelled to be a witness against himself, as it is in conformity with Article 20 (3) of the Constitution.