Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, which replaced the Indian Evidence Act 1872, a dying declaration recorded by a First Class Magistrate is admissible even if the declarant did not die. Under which section of BSA is this provision covered?

• A Section 26(b) ✓
• B Section 26(a)
• C Section 26(c)
• D Section 26(d)

Explanation

Under BSA 2023, Section 26(b) provides that a dying declaration is admissible even if the person who made it did not die, provided it was recorded by a competent authority. This corresponds to Section 32(1) of the Indian Evidence Act 1872. Option B covers cases where death actually occurred; Option C deals with statements as to cause of death by a person who is dead; Option D is not a valid section under BSA.

Reference: Reddy KSN and Murty OP, The Essentials of Forensic Medicine and Toxicology, 37th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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