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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Statement Made by Several Persons Expressing Feelings (Section 26(h))

1. Basic Principle of Section 26(h)Under Section 26(h) of the Bharatiya Sakshya Adhiniyam, the law provides that:
Statements expressing the feelings, impressions, or emotions of a group of persons are relevant when they relate to a matter in issue.
👉 Unlike individual statements, this clause deals with:
  • Collective expressions (e.g., crowd reactions)

2. Nature of Such Statements
  • These are:
    • Spontaneous expressions
    • Made by:
      • A group or crowd
👉 Reflect:
  • Common feeling or impression at that moment

3. Scope of the Provision
  • Applies when:
    • A group of persons:
      • Gather together
      • Express a common sentiment
  • Such statements may be:
    • Repeated in court by witnesses
👉 Even though:
  • Individual speakers are not identified

4. Key Requirements (Note Form)For admissibility:
  • ✔ Statement must be:
    • Made by several persons (group/crowd)
  • ✔ Must express:
    • Common feeling or impression
  • ✔ Must relate to:
    • A fact in issue or relevant fact
  • ✔ Must be:
    • Spontaneous and contemporaneous

5. Evidentiary Value
  • ✔ Statements are:
    • Relevant evidence
👉 Because:
  • They show:
    • State of mind of a group at a particular time

6. Illustration Explained
  • A crowd gathers and shouts:
    • Indicating fear, anger, or recognition
👉 Witness may testify:
  • What the crowd collectively expressed
✔ This is admissible:
  • As it reflects shared perception or reaction

7. Key Legal Principle👉 Collective expressions of a group, reflecting a common state of mind at a particular moment, are admissible as relevant evidence.

8. Purpose of Section 26(h)
  • Recognizes:
    • Practical difficulty in identifying:
      • Individual speakers in a crowd
  • Allows:
    • Admission of:
      • Collective human reactions

9. Key Takeaways
  • Section 26(h) deals with:
    • Group expressions of feelings
  • Admissible when:
    • Spontaneous and related to issue
  • Useful in:
    • Crowd situations
    • Public incidents

One-Line Summary👉 Statements expressing the collective feelings or impressions of a group are relevant when they relate to a fact in issue.
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