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A witness sees a speeding truck pass and immediately finds an injured pedestrian. While the truck is…

Section 4 makes facts forming part of the same transaction relevant. The pedestrian’s immediate and spontaneous words form part of the collision transaction on these facts.…

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A witness sees a speeding truck pass and immediately finds an injured pedestrian. While the truck is still in sight, the pedestrian spontaneously tells the witness that it struck them. What makes the words relevant under section 4 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer C

Section 4 makes facts forming part of the same transaction relevant.

The pedestrian’s immediate and spontaneous words form part of the collision transaction on these facts. A witness who heard those words can testify that they were said.

Option feedback

Option A

A person who heard relevant words may testify directly to hearing them even without seeing the impact.

Option B

Seeing the truck alone does not establish that the statement forms part of the same transaction.

Option C

The prompt and spontaneous account is closely connected with the collision.

Option D

Section 4 requires a transaction nexus, which a delay can break.

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