Which one of the following is not an exception to the rule of hearsay under the law of evidence?
Under the Bharatiya Sakshya Adhiniyam, 2023, oral evidence must generally be direct (Section 55, formerly s.60 IEA), excluding second-hand or hearsay statements. Dying…
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Which one of the following is not an exception to the rule of hearsay under the law of evidence?
Answer and explanation
Correct answer A
Under the Bharatiya Sakshya Adhiniyam, 2023, oral evidence must generally be direct (Section 55, formerly s.60 IEA), excluding second-hand or hearsay statements. Dying declarations under Section 26(a) (formerly s.32(1) IEA), confessions and admissions under Sections 15–24 (formerly ss.17–30 IEA), and contemporaneous statements forming part of the same transaction (res gestae) under Section 4 (formerly s.6 IEA) are recognized exceptions to the hearsay rule because they admit out-of-court statements as substantive evidence. By contrast, an expert's opinion under Section 39 (formerly s.45 IEA) is an exception to the rule against opinion evidence, where the expert testifies directly to their own professional opinion rather than recounting a hearsay statement.
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