Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 14 of our papers cite Section 27. Try these from the free papers:

1. 1. Which of the following circumstances is mentioned in Section 27 of the BSA (evidence given in an earlier proceeding) but is NOT among the circumstances listed in the opening part of Section 26?

   A.The witness is kept out of the way by the adverse partyB.The person's attendance cannot be procured without an amount of delay or expense which the Court considers unreasonableC.The person cannot be foundD.The person is dead
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2. 2. Evidence given by a witness in a judicial proceeding is relevant under Section 27 of the BSA, in a subsequent judicial proceeding, when the witness is dead or cannot be found or in other circumstances mentioned there. Consider the following: 1. The proceeding was between the same parties or their representatives in interest. 2. The adverse party in the first proceeding had the right and opportunity to cross-examine. 3. The questions in issue were substantially the same in the first as in the second proceeding. 4. The witness was examined in the first proceeding in the presence of a Magistrate. Which of the above are conditions laid down in the proviso to Section 27?

   A.1 and 2 onlyB.1 and 4 onlyC.1, 2 and 3 onlyD.1, 2, 3 and 4
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3. 3. When a statement relevant under Section 26 or Section 27 of the BSA is proved, Section 161 permits proof of all matters, to contradict or corroborate it or to impeach or confirm the credit of its maker, which:

   A.are proved by the evidence of at least two independent witnesses examined in the caseB.the Court considers necessary, even if they could not have been proved had he been a witnessC.could have been proved had he been called as a witness and denied the matter in cross-examinationD.are contained in other statements made by him before the same authority on the same day
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