Section 26 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the admissibility of statements made by individuals who are deceased, cannot be found, have become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense. This section outlines specific circumstances under which such statements are considered relevant and admissible in legal proceedings.
Text of Section 26
Section 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.(latestlaws.com)
Statements, whether written or verbal, of relevant facts made by a person who is:(indiankanoon.org)
Dead,
Cannot be found,
Has become incapable of giving evidence, or
Whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable,
are themselves relevant facts in the following cases:
Statements about the cause of death: When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.
Statements made in the ordinary course of business: When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.(indiankanoon.org)
Statements against pecuniary or proprietary interest: When the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages.(indiankanoon.org)
Statements giving opinion on public right or custom: When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen.
Statements relating to relationships: When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised.
Statements in documents relating to family affairs: When the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.(indiankanoon.org)
Statements in documents relating to transactions: When the statement is contained in any deed, will or other document which relates to any such transaction as is specified in clause (a) of section 11.
Statements made by multiple persons expressing feelings or impressions: When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.
Illustrations
To further clarify the application of this section, consider the following examples:
Cause of death: If a person made a statement about the cause of their death, such a statement would be relevant in proceedings where the cause of death is in question.
Business entries: An entry made by a person in the ordinary course of business, such as a record in a business ledger, would be admissible even if the person is no longer available to testify.
Statements against interest: A statement made by a person that is against their own financial or proprietary interest, or exposes them to legal liability, would be considered relevant
Opinions on public matters: An opinion expressed by a person regarding the existence of a public right or custom, made before any controversy on the matter arose, would be admissible.
Family relationships: A statement about the relationship between individuals, made by a person with special knowledge of the relationship, would be relevant.
Family documents: Statements made in family documents, such as wills or family pedigrees, regarding relationships between deceased persons, would be admissible.
Transactional documents: Statements contained in documents related to transactions, as specified in section 11, would be relevant
Collective expressions: Statements made by multiple persons expressing their feelings or impressions on a matter relevant to the case would be admissible.
Importance of Section 26
Section 26 plays a crucial role in ensuring that relevant information, which may otherwise be unavailable due to the unavailability of the person who made the statement, can still be considered in legal proceedings. This provision helps in preserving the integrity of evidence and aids in the fair administration of justice.
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