Question

During an investigation into a theft at a bank branch, the accused, while in police custody, tells the investigating officer that he buried the stolen cash in his field, and the police thereafter recover the cash from that very spot. Under the Bharatiya Sakshya Adhiniyam, 2023, which of the following is correct regarding the admissibility of this statement?

A The statement is inadmissible in its entirety, including the fact that the cash was discovered at the spot pointed out by the accused.
B The entire statement is admissible as a confession voluntarily made by the accused while in the custody of the police.
C The statement is admissible because it was made to a police officer in the course of a lawful investigation of the theft.
D So much of the information as distinctly relates to the discovery of the cash is admissible under the proviso to Section 23(2).
E The statement is admissible only if it is recorded by a Magistrate in the manner prescribed for recording confessions.
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