A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to…
Under Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly s. 21 IEA), admissions are generally relevant and may be proved as against the person who makes them, and…
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A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. Under the Bharatiya Sakshya Adhiniyam, 2023, A may:
Answer and explanation
Correct answer C
Under Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly s. 21 IEA), admissions are generally relevant and may be proved as against the person who makes them, and cannot ordinarily be proved by or on behalf of the person making them except in the cases specified in that section. Under Section 19(3) read with Illustration (d) to Section 19 of the BSA, where A is accused of receiving stolen goods knowing them to be stolen and offers to prove that he refused to sell them below their value, A may prove these statements, even though they are admissions, because they are explanatory of conduct influenced by facts in issue (relevant under Section 6 BSA). Refusing to part with the goods below their fair market value explains his conduct and tends to negate guilty knowledge that the goods were stolen.
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