Under the Bharatiya Sakshya Adhiniyam, 2023, in what kinds of court proceedings may a qualifying…
Section 26(a) applies when the cause of the declarant's death is in question, whether the proceeding is civil or criminal. The provision does not require the declarant to…
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Under the Bharatiya Sakshya Adhiniyam, 2023, in what kinds of court proceedings may a qualifying statement about the cause of the declarant's death be relevant when that cause is in question?
Answer and explanation
Correct answer C
Section 26(a) applies when the cause of the declarant's death is in question, whether the proceeding is civil or criminal.
The provision does not require the declarant to have expected death when making the statement.
Option feedback
Option A
Section 26(a) applies to civil proceedings as well when the cause of death is in question.
Option B
Section 26(a) also applies to qualifying statements in criminal proceedings.
Option C
Section 26(a) applies regardless of the nature of the proceeding in which the declarant's cause of death is in question.
Option D
Section 26(a) does not make relevance depend on the parties' consent.
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