Evidence Act, 1872–Sec. 24–Essential requirements of Section–Held, the following facts should be proved for applying the section-
(i) The fact of which evidence is sought to be given must be relevant to the issue–It must be porn in mind that the provision has nothing to do with the question of relevancy The relevancy of the fact discovered must be established according to the prescription relating to relevancy of other evidence connecting it with the crime in order to make the fact discovered admissible.
(ii) The fact must have been discovered.
(iii) The discovery must have been in consequence of some information received from the accused and not by the accused’s own act.
(iv) The person giving the information must be the accused of any offence.
(v) He must be in the custody of police officer.
(vi) The discovery of a fact in consequence of information received from an accused in custody must be deposed so.
(vii) Thereupon only that portion which relates distinctly or strictly to the fact discovered can be proved–Rest is inadmissible.
