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An injured person gives a statement about the cause of the injuries and later dies from them. The cause…

Section 26(a) can make a written or verbal statement relevant when it concerns the cause of the maker’s death or the circumstances of the transaction that resulted in it,…

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An injured person gives a statement about the cause of the injuries and later dies from them. The cause of death is in issue. Which statement about admissibility under section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 is correct?

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Answer and explanation

Correct answer B

Section 26(a) can make a written or verbal statement relevant when it concerns the cause of the maker’s death or the circumstances of the transaction that resulted in it, and the cause of death is in question.

A statement to a police officer can qualify. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves this use.

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Option A

The opening words of section 26 include written and verbal statements.

Option B

Section 26(a) does not bar a statement made to a police officer. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves this exception.

Option C

Section 26(a) does not require that the recipient be a Magistrate.

Option D

A doctor’s presence may matter in assessing reliability, but section 26(a) does not make it a condition of admissibility.

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