Section 32 of the Indian Evidence Act deals with relevancy of the statements made by persons who cannot be called as witnesses. This section provides 4 classes of persons who cannot be called as witnesses, namely, a person –
- Who is dead
- Who cannot be found
- Who has become incapable of giving evidence
- Whose attendance cannot be procured without unreasonable amount of delay or expense.
The statements, written or verbal, of relevant facts made by any person of the above mentioned classes, are themselves relevant facts in the following circumstances –
- When it relates to cause of death i.e., dying declaration
- When it is made in the course of business, especially any entry or memorandum made by him in books kept in the ordinary course of business
- When it is against the interest of the person making it
- When it gives opinion as to public right or custom, or matters of general interest
- When it relates to existence of relationship by blood, marriage or adoption if the person making the statement had special means of knowledge about the relationship and the statement was made before the question in dispute was raised
- When it is made in will or deed relating to family affairs
- When it is in document relating to transaction mentioned in 13(a) i.e., any transaction by which right or custom was created, claimed, modified, recognized, arrested, or denied, or which was inconsistent with its existence
- When it is made by several persons and expresses feelings relevant to matter in question.
Asked in 2015 JCJ Mains in A.P. 2 Marks Question
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