Question
A witness testifies that at the time of a property
transaction 40 years ago, it was universally accepted in the community that a certain custom regarding inheritance prevailed. The witness himself is now deceased, but his statement was recorded. Under which section of the Bharatiya Sakshya Adhiniyam can the recorded statement of this now-deceased witness be admitted as evidence?Solution
Section 26 of BSA provides exceptions to the hearsay rule for statements made by persons who are dead or whose whereabouts cannot be ascertained. Section 26(e) specifically includes statements made by a person "in any inquiry as to the existence of a public right or a custom." Since the witness is deceased and was providing evidence about an established custom, Section 26 permits admissibility of such statements when the declarant is unavailable.
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