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Assume the witness testified in an earlier judicial proceeding involving the same parties and…

Section 27 includes death, inability to find the witness, incapacity, being kept away by the adverse party, and attendance that would involve unreasonable delay or expense.…

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Assume the witness testified in an earlier judicial proceeding involving the same parties and substantially the same issues, and the adverse party had the right and opportunity to cross-examine. Which fact alone is insufficient to make that testimony relevant under section 27 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer A

Section 27 includes death, inability to find the witness, incapacity, being kept away by the adverse party, and attendance that would involve unreasonable delay or expense. The earlier proceeding must also meet the statutory safeguards, including the adverse party’s right and opportunity to cross-examine.

Option feedback

Option A

Residence abroad alone supplies no ground when the witness can testify without unreasonable delay or expense.

Option B

Death is an express statutory ground.

Option C

Inability to find the witness is an express statutory ground.

Option D

Incapacity to give evidence is an express statutory ground.

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