All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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56.

A beats his wife B and she suffers multiple fractures. Shortly before that, A's mother tells A that B is having an extra marital affair. Which of the following statements is the most accurate application of the principle below ?


Principle :

Section 6 of the Indian Evidence Act, 1872 (the "Evidence Act") provides that facts are relevant, even though they are not in issue, if they form part of the same transaction.
A: The statement of A's mother is hearsay evidence and hence, it is not a relevant fact.
B: The statement of A's mother is a fact in issue, and hence, a relevant fact.
C: The statement of A's mother will not be relevant facts because they are not part of the same, transaction.
D: The statement of A's mother will be considered relevant facts because they were part of the same transaction.
E: The statement of A's mother is a fact in issue and hence, it is not a relevant fact.

The answer is: D

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Explanation

The most accurate application of the principle is option D: The statement of A's mother will be considered relevant facts because they were part of the same transaction.

Explanation:

Section 6 of the Indian Evidence Act, 1872, provides that facts are relevant, even though they are not in issue, if they form part of the same transaction. In this case, A's mother's statement about B having an extra-marital affair, which is related to the reason for A's violent actions (beating his wife B), is considered part of the same transaction. Therefore, her statement is relevant to understand the context and circumstances leading to the incident. It is not hearsay evidence but rather a relevant fact that can be considered by the court in determining the case.