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    Question

    Evidence given by a witness in a judicial proceeding can be used in a subsequent proceeding? If yes under which section of Indian Evidence Act, 1872?

    A no it cannot be used. Correct Answer Incorrect Answer
    B yes it can be used under s. 32 Correct Answer Incorrect Answer
    C yes it can be used under s. 33 Correct Answer Incorrect Answer
    D yes it can be used under s. 37 Correct Answer Incorrect Answer

    Solution

    As per S. 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. –– Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable:

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