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    Question

    U nder Section 26 of the Bharatiya  Sakshya  

    Adhiniyam  (BSA), 2023, a statement of relevant facts made by a person is itself a relevant fact in which of the following circumstances?"   I. When the person is dead. II. When the person cannot be found. III. When the person has become  incapable  of giving evidence. IV. When the person's attendance cannot be  procured  without unreasonable delay or expense.  
    A Only I Correct Answer Incorrect Answer
    B I and II Correct Answer Incorrect Answer
    C I, II and III Correct Answer Incorrect Answer
    D I, II, III and IV Correct Answer Incorrect Answer
    E I, II and IV Correct Answer Incorrect Answer

    Solution

    Section 26 of the BSA provides an exception to the "Hearsay Rule."  Generally, the  law requires the best evidence (direct testimony), but Section 26 allows  previous  statements to be used when the witness is unavailable.  

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