The question (15 marks)
Discuss the relevancy of a dying declaration under the Bharatiya Sakshya Adhiniyam, 2023. How does the Indian rule differ from the narrower common-law rule, and what safeguards remain when such a statement is proved? (15 marks)
Module I, statements by persons who cannot be called as witnesses
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Relevancy of Facts of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023).
Authorities you will need
- BSA s. 26(a) (IEA s. 32(1)), and the opening words of s. 26
- BSA s. 107 (IEA s. 104), foundation fact
- BSA s. 141(2) (IEA s. 136), order of proof
- BSA s. 161 (IEA s. 158), matters provable against the statement
- BSA s. 2(1)(i), the definition of proved
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.