Section 338 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 338 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 pertains to the admissibility of statements made by persons who are dead or cannot be found. Here's an overview:
🧾 Section 338 – Relevancy of Statements by Persons Who Are Dead or Cannot Be Found
1. Admissibility of Statements:
Conditions for Admissibility:
The person who made the statement must be dead or cannot be found.
The statement must pertain to a matter of public or general interest.
The statement must have been made in a situation where it was reasonable to expect that the person would be truthful.(indiacode.nic.in, indiacode.nic.in)
Examples of Admissible Statements:
A statement made by a person about the ownership of property, made in the course of business or professional duties.
A statement made by a person about a matter of public interest, such as a public health issue.
2. Exceptions:
The court may exclude statements that are deemed to be unreliable or not made in circumstances that would warrant their admissibility.
⚖️ Implications and Applications
Legal Proceedings: This section allows for the inclusion of statements made by individuals who are no longer available to testify, provided they meet the specified criteria.
Public Interest: It ensures that statements relevant to matters of public or general interest can be considered, even if the individual who made them is unavailable.
Reliability: The requirement for the statement to have been made in circumstances where truthfulness can be reasonably expected helps maintain the integrity of the evidence.
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