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An ordinary witness gives evidence at trial after a Magistrate recorded the witness’s statement under…

A prior statement to the Magistrate is ordinarily not substantive proof of its contents. It can be used to corroborate or contradict the testimony when the requirements of…

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An ordinary witness gives evidence at trial after a Magistrate recorded the witness’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prior statement has no independent basis for admission as substantive evidence. How may it ordinarily be used?

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Answer and explanation

Correct answer B

A prior statement to the Magistrate is ordinarily not substantive proof of its contents. It can be used to corroborate or contradict the testimony when the requirements of sections 160 and 148 of the Bharatiya Sakshya Adhiniyam, 2023 are met.

Section 183(6)(b) of the Bharatiya Nagarik Suraksha Sanhita provides special treatment for a qualifying recorded statement in lieu of examination-in-chief.

Option feedback

Option A

The ordinary prior statement does not replace the testimony given at trial.

Option B

The evidence rules allow corroboration or contradiction when the applicable conditions are met.

Option C

The Magistrate’s involvement does not make every ordinary prior witness statement substantive proof.

Option D

Contradiction is available under section 148. Section 160 separately permits corroborative use when its requirements are met.

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