A person in police custody made a confession to a police officer, and that information led to the discovery of a fact connected with the crime. Under the Bharatiya Sakshya Adhiniyam, 2023 -

Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 provides that a confession made to a police officer shall not be proved, and Section 23(2) extends this bar to a confession made to any other person while the accused is in police custody. The proviso to Section 23(2), corresponding to the former Section 27 of the Indian Evidence Act, 1872, however, permits proof of so much of the information as relates distinctly to the fact thereby discovered, whether the information amounts to a confession or not. Thus only the discrete fact discovered, and not the confession as a whole, becomes admissible in evidence. The other options either admit the full confession or impose conditions that the law does not recognise, making the discovery-based exception correct.