A tells a police officer that A killed B in a fight. A later dies. In an inquiry solely into B’s death,…
Section 26(c) may make the statement relevant because A is dead and the statement, if true, would have exposed A to prosecution. Section 26(a) concerns the death of the…
Choose your answer
A tells a police officer that A killed B in a fight. A later dies. In an inquiry solely into B’s death, the statement is offered on the issue of how B died and is not offered against any accused person. Which rule of the Bharatiya Sakshya Adhiniyam, 2023, may make A’s statement relevant?
Answer and explanation
Correct answer C
Section 26(c) may make the statement relevant because A is dead and the statement, if true, would have exposed A to prosecution. Section 26(a) concerns the death of the declarant and does not apply when the only death in question is B’s.
Option feedback
Option A
Section 26(a) requires the cause of the maker’s death to be in question. The inquiry concerns B’s death and A made the statement.
Option B
The proviso to section 23(2) requires a fact discovered in consequence of the information. The facts state no discovery.
Option C
Section 26(c) covers a deceased maker’s statement that would have exposed the maker to prosecution if true. A admits killing B.
Option D
Section 26(b) concerns statements made in the ordinary course of business. The facts describe an admission to a police officer following a fight.
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