Statements by persons who cannot be called as witness

A man is stabbed near a bus stop in Kalyan. Before he dies in hospital, he tells the nurse who attacked him. At the trial, the nurse can repeat the words, but the victim cannot come to court, be sworn, or be cross-examined. Should his words count? The general rule is that evidence should come from a witness who can be tested. Sections 26 and 27 of the Bharatiya Sakshya Adhiniyam, 2023 make careful exceptions for people who cannot be called, and the dying declaration is the most famous of them.

In two minutes

Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant, in eight listed cases, statements of relevant facts by a person who is dead, cannot be found, is incapable of giving evidence, or cannot be produced without unreasonable delay or expense, and section 27 lets earlier testimony be used in a later proceeding on the same terms.

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