Section 26 of BSA : Section 26: Cases in which statement of relevant fact by person who is dead or can not be found, etc., is relevant.

Explanation using Example

Example 1:

Scenario: A murder case where the victim, Mr. A, was found dead under suspicious circumstances.

Application of the Act:

• Mr. A had written a letter to his friend a day before his death, stating that he feared Mr. B was planning to kill him due to a business dispute.
• Mr. A's letter is relevant under Section 26(a) as it pertains to the cause of his death and the circumstances leading to it.

Example 2:

Scenario: A property dispute where the ownership of a piece of land is in question.

Application of the Act:

• Mr. C, who is now deceased, had maintained a diary in which he recorded all transactions related to the land, including payments received and agreements made.
• The entries in Mr. C's diary are relevant under Section 26(b) as they were made in the ordinary course of business and pertain to the ownership and transactions of the land.

Example 3:

Scenario: A case involving the legitimacy of a marriage between Mr. D and Ms. E.

Application of the Act:

• A deceased clergyman had written a letter to a friend, stating that he had officiated the marriage of Mr. D and Ms. E under circumstances that would make the marriage legally binding.
• The clergyman's letter is relevant under Section 26(f) as it pertains to the existence of the marriage and was made before any dispute arose.

Example 4:

Scenario: A case where the public right to use a road is in question.

Application of the Act:

• The deceased headman of the village had made a statement in a village meeting, asserting that the road in question was a public way used by villagers for generations.
• The headman's statement is relevant under Section 26(d) as it pertains to the existence of a public right and was made before any controversy arose.

Example 5:

Scenario: A case involving the paternity of a child, Mr. F.

Application of the Act:

• Mr. F's deceased father had written a letter to a friend, stating that Mr. F was his legitimate son born on a specific date.
• The father's letter is relevant under Section 26(e) as it pertains to the existence of a relationship by blood and was made before any dispute arose.

Example 6:

Scenario: A case where the cause of a shipwreck is in question.

Application of the Act:

• The captain of the ship, who cannot be found, had made a protest document stating the reasons for the shipwreck, including bad weather and navigational errors.
• The captain's protest document is relevant under Section 26(h) as it pertains to the cause of the shipwreck and the captain's attendance cannot be procured.

Example 7:

Scenario: A case involving the price of grain on a specific day in a market.

Application of the Act:

• A deceased business person had maintained records of grain prices in his ledger, which was kept in the ordinary course of business.
• The entries in the business person's ledger are relevant under Section 26(j) as they pertain to the price of grain and were made in the ordinary course of business.

Example 8:

Scenario: A defamation case where Mr. G sues Mr. H for a libelous caricature displayed in a shop window.

Application of the Act:

• The remarks made by a crowd of spectators who viewed the caricature and expressed their opinions on its similarity to Mr. G and its defamatory nature.
• The spectators' remarks are relevant under Section 26(n) as they express feelings or impressions relevant to the matter in question.