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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…

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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?

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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.

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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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