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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…

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In the context of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is not an exception to the rule against hearsay?

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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.

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