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After a fatal attack, Arjun tells his wife Mira that Bala attacked him and expressly gives her…

The statement identifies the cause or circumstances of Arjun’s death, and Arjun’s consent permits Mira to disclose it.

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After a fatal attack, Arjun tells his wife Mira that Bala attacked him and expressly gives her permission to disclose that statement in court. Arjun dies from the attack. What is the position under the Bharatiya Sakshya Adhiniyam, 2023, at Bala’s trial for causing his death?

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Answer and explanation

Correct answer B

The statement identifies the cause or circumstances of Arjun’s death, and Arjun’s consent permits Mira to disclose it.

Option feedback

Option A

Section 128 allows the recipient spouse to disclose the communication with its maker’s consent.

Option B

The statement identifies the cause or circumstances of Arjun’s death, and Arjun’s consent permits Mira to disclose it.

Option C

Section 26(a) does not prescribe recording by a Magistrate as a condition of relevance.

Option D

Section 26(a) applies whether or not the declarant expected to die.

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