discovery statement

English · Evidence

Meaning. The part of an accused's statement to the police that leads to the discovery of a fact, which alone is admissible.

A confession to a police officer is inadmissible (s.23(1) BSA, old s.25 Evidence Act), and so is one made in police custody unless before a Magistrate (s.23(2), old s.26). The proviso to s.23(2) BSA (old s.27) is an exception: when a fact is discovered in consequence of information received from an accused in police custody, so much of the information as relates distinctly to the fact discovered may be proved, whether or not it amounts to a confession.

In Pulukuri Kottaya the Privy Council held that the “fact discovered” includes the place from which the object is produced and the accused's knowledge of it, not the object alone. So “I will show you where I hid the knife” is admissible, but “with which I stabbed him” is not.

Example

Only the words “I hid the knife under the culvert” are admissible as a discovery statement; the confession of stabbing must be excluded.

In Indian law

Proviso to s.23(2) BSA (old s.27 Evidence Act)
Pulukuri Kottaya v. Emperor (Privy Council, 1947): meaning of “fact discovered”

discovery statement

Example

In Indian law

See also

Read more in the study notes