An injured first informant tells the police how the fatal injuries were inflicted and later dies from…
A statement concerning the cause of the maker's death or the circumstances of the transaction resulting in that death may be relevant under section 26(a), so "It may be a…
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An injured first informant tells the police how the fatal injuries were inflicted and later dies from them. When that death is in question, how may the statement be treated under the BSA, subject to proof and reliability?
Answer and explanation
Correct answer A
A statement concerning the cause of the maker's death or the circumstances of the transaction resulting in that death may be relevant under section 26(a), so "It may be a relevant dying declaration". Munnu Raja recognises that an injured informant's account recorded as an FIR can qualify after the informant dies, so neither "It is excluded as a dying declaration because its recipient was a police officer" nor "It can be used only as a previous statement to corroborate the informant, despite the informant's death" is correct, since a police recipient does not itself exclude it. "It is automatically conclusive proof of the accused's guilt once the informant dies" is wrong because death does not make the statement automatically truthful or conclusive.
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