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Oct 13, 2009

Mohd Inayatullah v. State of Maharashtra 1976 SCC (Crl.) 199

The last but the most important condition is that only ''so much of the information' as relates distinctly to the fact thereby discovered is admissible. The rest of the information has to be excluded. The word ''distinctly' means ''directly', ''indubitably', ''strictly', ''unmistakably'. The word has been advisedly used to limit and define the scope of the provable information. The phrase ''distinctly relates to the fact thereby discovered' is the linchpin of the provision. This phrase refers to that part of the information supplied by the accused which is the direct and immediate cause of the discovery. The reason behind this partial lifting of the ban against confessions and statements made to the police, is that if a fact is actually discovered in consequence of information given by the accused, it affords some guarantee of truth of that part, and that part only, of the information which was the clear, immediate and proximate cause of the discovery. No such guarantee or assurance attaches to the rest of the statement which may be indirectly or remotely related to the fact discovered.

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