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A deceased person told an investigating police officer how the injuries that caused the death were…

Section 26(a) makes a deceased person’s statement about the cause of death or the circumstances of the transaction that resulted in death relevant when the cause of death is…

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A deceased person told an investigating police officer how the injuries that caused the death were inflicted. The cause of death is in issue. Which statement about the declaration is correct under the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 26(a) makes a deceased person’s statement about the cause of death or the circumstances of the transaction that resulted in death relevant when the cause of death is in issue. It covers both written and verbal statements.

The fact that a police officer received the statement does not bar it. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the exception. The court still assesses reliability.

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Option A

Section 26(a) covers qualifying written and verbal statements.

Option B

Section 26(a) can apply to a statement made to a police officer. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves that exception for statements to police.

Option C

Section 26(a) does not require the statement to be made to a Judicial Magistrate.

Option D

Section 26(a) does not require the statement to be made to an Executive Magistrate.

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