(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A
and B and that B said: "A and I murdered C".
This statement may not be taken into consideration by the Court against A, as B is not being
jointly tried.
44. Accused persons to be liable to crossexamination. All accused persons, including an
accomplice, shall be liable to crossexamination.
45. Admission not conclusive proof but may estop. Admissions are not conclusive proof of the
matters admitted but they may operate as estoppels under the provisions hereinafter contained.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
46. Cases in which statement of relevant fact by person who is dead or cannot be found, etc.,
is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who
cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be
procured without an amount of delay or expense which under the circumstances of the case appears
to the Court unreasonable, are themselves relevant facts in the following cases:__
(1) When it relates to cause of death. When the statement is made by a person as to the cause of
his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in
which the cause of that person's death comes into question. Such statements are relevant whether the
person who made them was or was not, at the time when they were made, under expectation of
death, and whatever may be the nature of the proceeding in which the cause of his death comes into
question.
(2) Or is made in course of business. When the statement was made by such person in the
ordinary course of business, and in particular when it consists of any entry or memorandum made by
him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an
acknowledgment written or signed by him of the receipt of money, goods, securities or property of
any kind ; or of a document used in commerce written or signed by him, or of the date of a letter or
other document usually dated, written or signed by him.
(3) Or against interest of maker. When the statement is against the pecuniary or proprietary
interest of the person making it, or when, if true, it would expose or would have exposed him to a
criminal prosecution or to a suit for damages,.
(4) Or gives opinion as to public right or customs or matters of general interest. When the
statement gives the opinion of any such person, as to the existence of any public right or custom or
matter of public or general interest, of the existence, of which if it existed, he would have been likely
to be aware, and when such statement was made before any controversy as to such right, custom or
matter has arisen.
(5) Or relates to existence of relationship. When the statement relates to the existence of any
relationship by blood marriage or adoption between persons as to whose relationship by blood
marriage or adoption the person making the statement had special means of knowledge, and when the
statement was made before question in dispute was raised.
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