Question

Necessity rule as to admissibility of evidence is applicable when the maker of a statement:

• A. is dead or has become incapable of giving evidence
• B. is a person who can be found but his attendance cannot be procured without unreasonable delay or expenses
• C. is a person who cannot be found
• D. all of the above

Hint:

Statements of unavailable witnesses can be admitted as evidence under certain necessity exceptions.

Answer 1

The Correct Option is D

Step 1: Understanding the necessity rule.
The Indian Evidence Act provides exceptions to the hearsay rule when the person making the statement cannot be produced in court.
Step 2: Situations covered.
- When the person is dead or incapable of giving evidence.
- When the person is alive but cannot be brought without unreasonable delay or expense.
- When the person cannot be found.
Step 3: Conclusion.
Since all the above conditions are included, the correct answer is (d).