The landmark case of Pakala Narayana Swami v. Emperor (AIR 1939 PC 47) pertains to:
In Pakala Narayana Swami v. Emperor (AIR 1939 PC 47), the Privy Council (speaking through Lord Atkin) laid down the classic exposition of a dying declaration under Section…
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The landmark case of Pakala Narayana Swami v. Emperor (AIR 1939 PC 47) pertains to:
Answer and explanation
Correct answer B
In Pakala Narayana Swami v. Emperor (AIR 1939 PC 47), the Privy Council (speaking through Lord Atkin) laid down the classic exposition of a dying declaration under Section 32(1) of the Indian Evidence Act, 1872 (now Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023). The deceased had told his wife before leaving for Berhampur that he was going there as the accused's wife had written to him asking him to come and receive payment of his dues. The Privy Council held that this statement was admissible as a statement relating to 'any of the circumstances of the transaction which resulted in his death' even though the declarant was not under expectation of death when making it.
Option feedback
Option A
Estoppel concerns denial of a represented fact. The ruling in question examined admissibility of the deceased’s statement.
Option B
The ruling admitted the deceased’s statement as relating to the circumstances of the transaction that resulted in his death.
Option C
The ruling did not turn on permission to cross-examine a witness called by the same party.
Option D
The ruling on the deceased’s statement did not concern testimony by an accomplice.
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