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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:
2. Nature of Such Statements
3. Scope of the Provision
4. Key Requirements (Note Form)For admissibility:
5. Evidentiary Value
6. Illustration Explained
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)
9. Key Takeaways
One-Line Summary👉 Statements expressing the collective feelings or impressions of a group are relevant when they relate to a fact in issue.
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
- Common feeling or impression at that moment
3. Scope of the Provision
- Applies when:
- A group of persons:
- Gather together
- Express a common sentiment
- A group of persons:
- Such statements may be:
- Repeated in court by witnesses
- 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
- 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
- What the crowd collectively expressed
- 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
- Practical difficulty in identifying:
- Allows:
- Admission of:
- Collective human reactions
- Admission of:
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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