Section 27 of the Indian Evidence Act, 1872, permits the use of discovery evidence, which lays down strictly as to how much of the information contained in the statement of the accused is made admissible. Which one of the following information is relevant under this Section?

Solution (By Examveda Team)

Definition of Section 27 of the Indian Evidence Act, 1872:
Section 27 of the Indian Evidence Act deals with the admissibility of information given by an accused in police custody, but only to the extent that it distinctly relates to the discovery of a fact. This section provides an exception to the general rule that confessions made to the police are inadmissible.

Explanation of the Correct Answer:
The correct answer is Option D: Information given by the accused, as relates distinctly to the fact thereby discovered.

Scope of Section 27:
This section allows only that portion of the accused’s statement to be admitted as evidence, which directly leads to the discovery of a material fact. The rationale behind this is that if a fact is discovered based on the accused’s statement, it provides corroborative evidence, thereby strengthening the prosecution’s case.

Essential Conditions for Section 27 to Apply:
The person giving the information must be an accused.
The information must be given while the accused is in the custody of the police.
The information must lead to the discovery of a fact.
Only that part of the statement which directly relates to the discovery of the fact is admissible.

Illustration:
If an accused in police custody states, "I have hidden the murder weapon under the bridge," and the weapon is found as a result of this statement, only the fact that the weapon was found based on the accused’s statement is admissible, not the entire confession.

Explanation of Other Options:
Option A: That relates to only the place of occurrence – Incorrect. Section 27 is concerned with facts discovered through the accused’s statement, not merely the place of occurrence unless something material is discovered there.

Option B: That relates to nature of the object – Incorrect. The nature of the object alone is insufficient. The section applies only when an object is discovered based on the accused’s statement.

Option C: That relates to the past user of the object – Incorrect. The past use of an object does not satisfy the requirements of Section 27 unless it leads to a tangible discovery.

Thus, the correct answer is Option D: Information given by the accused, as relates distinctly to the fact thereby discovered.