In the context of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is not an exception to…
A medical expert's own opinion is admitted under the expert-opinion provision in section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 45 of the Indian…
Choose your answer
In the context of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is not an exception to the rule against hearsay?
Answer and explanation
Correct answer C
A medical expert's own opinion is admitted under the expert-opinion provision in section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 45 of the Indian Evidence Act, 1872); it is not, merely as an expert opinion, an exception admitting an out-of-court assertion as truth. Dying declarations (section 26(a)), qualifying same-transaction statements (section 4) and legally admissible confessions (sections 15 to 24) are recognised routes for relevant statements despite the ordinary rule in section 55 that oral evidence must be direct. Each retains its statutory conditions.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision