'A' is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused…
Section 21 illustration (d) expressly permits the accused to prove his refusal to sell below value: these statements explain conduct influenced by the fact in issue, his…
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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. Which of the following is correct?
Answer and explanation
Correct answer A
Section 21 illustration (d) expressly permits the accused to prove his refusal to sell below value: these statements explain conduct influenced by the fact in issue, his alleged knowledge that the goods were stolen. Although admissions are generally proved against their maker, this falls within a statutory exception allowing the maker to prove them. An accused is not categorically barred from testifying in his own defence.
Current law: The BSA, generally effective from 1 July 2024, preserves this rule in section 19. Pending matters covered by section 170 continue under the Indian Evidence Act.
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