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Shortly after being shot, A tells a Magistrate at the hospital that B fired the shot. A survives and…

Section 160 permits proof of a former statement concerning the same fact to corroborate later testimony when the earlier statement was made at or about the time of the event…

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Shortly after being shot, A tells a Magistrate at the hospital that B fired the shot. A survives and gives the same account as a witness at B’s trial. Which section of the Bharatiya Sakshya Adhiniyam, 2023 permits proof of A’s earlier statement to corroborate that testimony?

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Answer and explanation

Correct answer C

Section 160 permits proof of a former statement concerning the same fact to corroborate later testimony when the earlier statement was made at or about the time of the event or before an authority legally competent to investigate it. A’s prompt hospital statement meets the timing condition.

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Option A

Section 26(a) concerns qualifying statements when the maker’s cause of death is in question. A survived and testified.

Option B

Section 159 allows questions about other circumstances observed at or near the time or place that could corroborate a witness.

Option C

Section 160 permits proof of a former statement on the same fact made at or about the time of the event, or before a legally competent investigating authority.

Option D

Section 161 concerns corroboration, contradiction and credit in connection with a statement proved under section 26 or 27.

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