Which one of the following is not an exception to the 'Rule of hearsay' ?
An expert gives his own opinion in the witness box, and section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 60 of the Indian Evidence Act, 1872) requires…
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Which one of the following is not an exception to the 'Rule of hearsay' ?
Answer and explanation
Correct answer C
An expert gives his own opinion in the witness box, and section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 60 of the Indian Evidence Act, 1872) requires that an opinion be proved by "the evidence of the person who holds that opinion". So expert opinion (section 39) is direct evidence, not an exception to the hearsay rule.
Dying declarations (section 26(a)), res gestae (section 4) and admissions and confessions (sections 15 to 25) are the classic cases where a statement made out of court is admitted, which makes them exceptions to the hearsay rule.
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