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      Question

      Under the Bharatiya Sakshya Adhiniyam, 2023, evaluate

      the following statements regarding Admissions and Confessions and select the correct option:
      A An admission is a conclusive proof of the matters admitted and acts as an absolute bar to any contradictory evidence under the doctrine of estoppel. Correct Answer Incorrect Answer
      B Under Section 26 of the BSA, statements made by a deceased person regarding facts discovered as a result of information provided by that deceased person are relevant and admissible without any requirement for corroboration, even if the statement is self-serving or based on hearsay. Correct Answer Incorrect Answer
      C A confession made by one of several persons being tried jointly for the same offense is substantive evidence against the co-accused even in the absence of independent corroboration. Correct Answer Incorrect Answer
      D Oral admissions as to the contents of a document are relevant when the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under Section 64 of the BSA Correct Answer Incorrect Answer
      E Under Section 24 of the BSA, a confession caused by inducement or promise is always admissible if the Magistrate is satisfied that the inducement did not originate from a person in authority. Correct Answer Incorrect Answer

      Solution

      Explanation:  This option is based on Section 20 of the BSA (which corresponds to Section 22 of the old Indian Evidence Act). 1. The Rule of Best Evidence The general principle of law is that the Best Evidence must be produced before the Court. In the case of documents, this means the original document (Primary Evidence) must be presented. Spoken words (Oral Evidence) about what is written in a document are considered "hearsay" and are generally inadmissible because the document should "speak for itself." 2. The Exception (When Oral Admissions become Relevant) Oral admissions about the contents of a document only become relevant in two specific scenarios:  ·          Secondary Evidence Qualification: When the party can prove they are entitled to give secondary evidence (like a photocopy or oral account) because the original is lost, destroyed, or in the possession of the opponent who refuses to produce it (conditions now laid out in Section 60 of the BSA, formerly Section 65 IEA). ·          Genuineness in Question: When the very "realness" or authenticity of the document produced is being challenged in Court. 

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