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In what proceedings can a qualifying statement of a person who cannot be called as a witness be relevant under section 26 of the Bharatiya Sakshya Adhiniyam, 2023?

Question and options

In what proceedings can a qualifying statement of a person who cannot be called as a witness be relevant under section 26 of the Bharatiya Sakshya Adhiniyam, 2023?

  1. Only civil proceedings

  2. Only criminal proceedings

  3. Neither civil nor criminal proceedings

  4. Both civil and criminal proceedings

Answer and explanation

Correct answer: D - Both civil and criminal proceedings

A qualifying statement may be relevant in either type of proceeding. Clause (a) expressly applies whatever the nature of the proceeding in which the cause of death is in question.

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