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

Section 4 makes facts forming part of the same transaction relevant. The timing and spontaneity connect the pedestrian’s words to the collision. A witness who heard those…

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A witness sees a truck speeding past and immediately finds an injured pedestrian. While the truck is still in sight, the pedestrian spontaneously says that the truck struck them. The pedestrian later dies. What supports admitting the statement as part of the same transaction 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 timing and spontaneity connect the pedestrian’s words to the collision. A witness who heard those words can testify to hearing them. The pedestrian’s later death is a separate consideration under section 26(a).

Option feedback

Option A

The witness can personally hear the relevant utterance without personally seeing the impact.

Option B

A consistent later account does not establish the necessary connection between the pedestrian’s words and the collision.

Option C

The timing and spontaneity support the inference that the utterance formed part of the collision transaction.

Option D

Death can matter to a separate evidentiary rule. Section 4 turns on the connection to the transaction.

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