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In a case where the cause of Meera's death is in question, her own FIR, a police statement recorded…

Section 26(a) makes a person's statement about the cause of their own death or the circumstances of the transaction resulting in it relevant when the cause of death is in…

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In a case where the cause of Meera's death is in question, her own FIR, a police statement recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and a statement recorded by an Executive Magistrate each describe the circumstances of the attack that caused her death. Which records can qualify as dying declarations under the Bharatiya Sakshya Adhiniyam, 2023?

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Correct answer D

Section 26(a) makes a person's statement about the cause of their own death or the circumstances of the transaction resulting in it relevant when the cause of death is in question.

The FIR, police interview and Executive Magistrate's record can each qualify. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, preserves the exception for such statements from the general rule restricting use of police interview statements.

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Option A

The FIR can qualify, but the police interview and the statement recorded by the Executive Magistrate can also qualify on the stated facts.

Option B

The police interview can qualify, and the recorder or format does not exclude the FIR or the Executive Magistrate's record.

Option C

Recording by an Executive Magistrate is sufficient as to form but is not the exclusive means of making a qualifying statement.

Option D

Each record describes the circumstances of Meera's death in a case where its cause is in question. The form of the record does not by itself preclude admission.

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