Under Section 33 of the Evidence Act, evidence of witness 'A' recorded in an earlier judicial proceedings can be produced in another judicial proceeding where:
A. Witness 'A' is alive
B. Witness 'A' is alive and is incapable of giving evidence
C. Criminal proceedings are pending against the witness 'A'
D. There was no right but opportunity of cross-examination of 'A' was granted in the first judicial proceedings
Answer: Option B

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