Before any police investigation begins, A tells a police officer that A killed B in a fight. A is free…
Section 26(c) covers a deceased person’s statement that, if true, would expose the maker to prosecution. A’s statement admits killing B. Section 26(a) concerns the maker’s…
Choose your answer
Before any police investigation begins, A tells a police officer that A killed B in a fight. A is free to leave and later dies. In a judicial inquiry solely into B’s death, A’s statement is offered to show how B died. It is not offered against an accused person. Which ground of relevance under the Bharatiya Sakshya Adhiniyam, 2023, can apply?
Answer and explanation
Correct answer C
Section 26(c) covers a deceased person’s statement that, if true, would expose the maker to prosecution. A’s statement admits killing B. Section 26(a) concerns the maker’s death, and only B’s death is in issue.
Option feedback
Option A
Section 26(a) requires the maker’s cause of death to be in question. A made the statement and the inquiry concerns B.
Option B
The discovery proviso to section 23(2) requires information from an accused in police custody that leads to a discovery. The facts give neither custody nor a discovery.
Option C
Under section 26(c), A’s statement can be relevant because A has died and the statement, if true, would expose A to prosecution.
Option D
Section 26(b) concerns statements made in the ordinary course of business. An admission of killing B to a police officer on these facts is outside that category.
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