Question

Under Section 32(3) of the Bharatiya Sakshya Adhiniyam, 2023, in a property dispute case, a written letter from Mr. X (now deceased) to his brother states: "I have illegally encroached upon the 2 acres of land belonging to Y and profited considerably from cultivation. I am deeply remorseful and acknowledge this debt to Y, which I cannot repay." The letter was written in 1995, before the current property dispute arose in 2024. Y now seeks to introduce this letter in court to establish X's prior ownership interest claim was unfounded. Which of the following correctly applies Section 32(3)

A The letter is admissible because it was made by a deceased person against his pecuniary interest; the passage of time and resolution of the dispute do not affect admissibility
B The letter is admissible under Section 32(3) because X's statement against his own pecuniary interest (acknowledging illegal profit and debt) would not likely have been made unless true; the statement was made before any dispute arose (ante litem motam); and X cannot now be cross-examined regarding the statement's accuracy
C The letter is inadmissible because statements against interest must be made in formal legal proceedings, not in personal correspondence
D The letter is inadmissible because X's statement involves moral remorse, not purely pecuniary interest; Section 32(3) applies only to financial/property interests without moral dimensions
E The letter is conditionally admissible only if Y can prove the handwriting is authentic; handwriting authentication is a prerequisite to Section 32(3) admissibility
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