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Upon fulfilment of the conditions under section 26 of the Bharatiya Sakshya Adhiniyam, 2023, a…

Subject to the unavailability conditions in section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 32 of the Indian Evidence Act, 1872), clause (c) admits…

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Upon fulfilment of the conditions under section 26 of the Bharatiya Sakshya Adhiniyam, 2023, a statement in the absence of its maker is relevant if the statement:
(I) is against the pecuniary and proprietary interest of the maker;
(II) if true, would expose the maker to criminal prosecution;
(III) gives the maker’s opinion about the existence of any matter not of general interest.

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Answer and explanation

Correct answer A

Subject to the unavailability conditions in section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 32 of the Indian Evidence Act, 1872), clause (c) admits statements against the maker’s pecuniary or proprietary interest, or exposing the maker to criminal prosecution if true. I and II therefore identify included grounds. Clause (d) addresses public rights, customs or matters of public or general interest, subject to knowledge and timing conditions; III expressly says not of general interest and does not state that ground.

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