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Section 32 Indian Evidence Act 1872

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Section 1-2 3. Interpretation-clause Section 4 5. Evidence may be given of facts in issue and relevant facts. 6. Relevancy of facts forming part of same transaction 7. Facts which are the occasion, cause or effect of facts in issue 8. Motive, preparation and previous or subsequent conduct 9. Facts necessary to explain or introduce relevant facts 10. Things said or done by conspirator in reference to common design 11. When facts not otherwise relevant become relevant 12. In suits for damages, facts tending to enable Court to determine amount are relevant 13. Facts relevant when right or custom is in question 14. Facts showing existence of state of mind, or of body, of bodily feeling 15. Facts bearing on question whether act was accidental or intentional 16. Existence of course of business when relevant 17. Admission defined 18. Admission 19. Admissions by persons whose position must be proved as against party to suit 20. Admissions by persons expressly referred to by party to suit 21. Proof of admissions against persons making them, and by or on their behalf 22. When oral admissions as to contents of documents are relevant 22A. When oral admission as to contents of electronic records are relevant 23. Admissions in civil cases when relevant 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. 25. Confession to police-officer not to be proved 26. Confession by accused while in custody of Police not to be proved against him. 27. How much of information received from accused, may be proved 28. Confession made after removal of impression caused by inducement, threat or promise, relevant. 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence. 31. Admissions not conclusive proof, but may estop. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated 34. Entries in books of account when relevant. 35. Relevancy of entry in public record made in performance of duty. 36. Relevancy of statements in maps, charts and plans. 37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers. 40. Previous judgments relevant to bar a second suit or trial. 41. Relevancy of certain judgments in probate, etc., jurisdiction. 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. 43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. 45. Opinions of experts. 45A. Opinion of Examiner of Electronic Evidence 46. Facts hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, when relevant 48. Opinion as to existence of right or custom, when relevant. 49. Opinion as to usages, tenets, etc., when relevant. 50. Opinion on relationship, when relevant. 51. Grounds of opinion, when relevant. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact judicially noticeable need not be proved. 57. Facts of which Court must take judicial notice. 58. Facts admitted need not be proved. 59. Proof of facts by oral evidence. 60. Oral evidence must be direct. 61. Proof of contents of documents. 62. Primary evidence. 63. Secondary evidence. 64. Proof of documents by primary evidence. 65. Cases in which secondary evidence relating to documents may be given 65A. Special provisions as to evidence relating to electronic record. 65B. Admissibility of electronic records. 66. Rules as to notice to produce. 67. Proof of signature and handwriting of person alleged to have signed or written document produced. 67A. Proof as to electronic signature. 68. Proof of execution of document required by law to be attested. 69. Proof where no attesting witness found. 70. Admission of execution by party to attested document 71. Proof when attesting witness denies the execution. 72. Proof of document not required by law to be attested. 73. Comparison of signature, writing or seal with others admitted or proved. 73A. Proof as to verification of digital signature. 74. Public documents. 75. Private documents. 76. Certified copies of public documents. 77. Proof of documents by production of certified copies. 78. Proof of other official documents. 79. Presumption as to genuineness of certified copies 80. Presumption as to documents produced as record of evidence. 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. 81A. Presumption as to Gazettes in electronic forms. 82. Presumption as to document admissible in England without proof of seal or signature. 83. Presumption as to maps or plans made by authority of Government.
See also  Section 145 Indian Evidence Act 1872
84. Presumption as to collections of laws and reports of decisions. 85. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. Presumption as to electronic records five years old. 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. 92. Exclusion of evidence of oral agreement. 93. Exclusion of evidence to explain or amend ambiguous document. 94. Exclusion of evidence against application of document to existing facts. 95. Evidence as to document unmeaning in reference to existing facts. 96. Evidence as to application of language which can apply to one only of several persons. 97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. 98. Evidence as to meaning of illegible characters, etc. 99. Who may give evidence of agreement varying terms of document. 100. Saving of provisions of Indian Succession Act relating to wills. 101. Burden of proof. 102. On whom burden of proof lies. 103. Burden of proof as to particular fact. 104. Burden of proving fact to be proved to make evidence admissible 105. Burden of proving that case of accused comes within exceptions. 106. Burden of proving fact especially within knowledge. 107. Burden of proving death of person known to have been alive within thirty years. 108. Burden of proving that person is alive who has not been heard of for seven years. 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. 110. Burden of proof as to ownership. 111. Proof of good faith in transactions where one party is in relation of active confidence. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. Presumption as to dowry death. 114. Court may presume existence of certain facts. 114A. Presumption as to absence of consent in certain prosecution for rape 115. Estoppel. 116. Estoppel of tenants and of licensee of person in possession. 117. Estoppel of acceptor of bill of exchange, bailee or licensee. 118. Who may testify. 119. Witness unable to communicate verbally. 120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. 121. Judges and Magistrates. 122. Communications during marriage 123. Evidence as to affairs of State. 124. Official communications. 125. Information as to commission of offences. 126. Professional communications. 127. Section 126 to apply to interpreters, etc. 128. Privilege not waived by volunteering evidence 129. Confidential communications with legal advisers. 130. Production of title-deeds of witness not a party. 131. Production of documents or electronic records which another person, having possession, could refuse to produce. 132. Witness not excused from answering on ground that answer will criminate. 133. Accomplice. 134. Number of witnesses. 135. Order of production and examination of witnesses. 136. Judge to decide as to admissibility of evidence. 137. Examination-in-chief. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 139. Cross-examination of person called to produce a document. 140. Witnesses to character. 141. Leading questions. 142. When they must not be asked. 143. When they may be asked. 144. Evidence as to matters in writing 145. Cross-examination as to previous statements in writing 146. Questions lawful in cross-examination. 147. When witness to be compelled to answer. 148. Court to decide when question shall be asked and when witness compelled to answer. 149. Question not to be asked without reasonable grounds. 150. Procedure of Court in case of question being asked without reasonable grounds. 151. Indecent and scandalous questions. 152. Questions intended to insult or annoy. 153. Exclusion of evidence to contradict answers to questions testing veracity. 154. Question by party to his own witness. 155. Impeaching credit of witness. 156. Questions tending to corroborate evidence of relevant fact, admissible. 157. Former statements of witness may be proved to corroborate later testimony as to same fact. 158. What matters may be proved in connection with proved statement relevant under section 32 or 33. 159. Refreshing memory. 160. Testimony to facts stated in document mentioned in section159. 161. Right of adverse party as to writing used to refresh memory.
See also  Section 106 Indian Evidence Act 1872
162. Production of documents. Translation of documents. 163. Giving, as evidence, of document called for and produced on notice. 164. Using, as evidence, of document production of which was refused on notice 165. Judge’s power to put questions or order production. 166. Power of jury or assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 32 Indian Evidence Act 1872

Section 32 of the Indian Evidence Act 1872 is about ‘Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant‘. It is under ‘STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES’ of Chapter II of the Act. Chapter II is titled ‘OF THE RELEVANCY OF FACTS‘.

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 o 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 acknowledgement 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 him or would have exposed him to a criminal prosecution or to a suit for damages.

(4) or gives opinion as to public right or custom, 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 had 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 the question in dispute was raised.

(6) or is made in will or deed relating to family affairs.–– When the statement relates to the existence of any relationship [by blood, marriage or adoption] between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.

See also  Section 55 Indian Evidence Act 1872

(7) or in document relating to transaction mentioned in section 13, clause (a). –– When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause (a).

(8) or is made by several persons and expresses feelings relevant to matter in question. –– When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

Illustrations

(a) The question is, whether A was murdered by B; or
A dies of injuries received in a transaction in the course of which she was ravished. The question is whether she was ravished by B; or
The question is, whether A was killed by B under such circumstances that a suit would lie against B by A’s widow.
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts.

(b) The question is as to the date of A’s birth.
An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A’s mother and delivered her of a son, is a relevant fact.

(c) The question is, whether A was in Calcutta on a given day.
A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him upon specified business, is a relevant fact.

(d) The question is, whether a ship sailed from Bombay harbour on a given day.
A letter written by a deceased member of a merchant’s firm by which she was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Bombay harbour, is a relevant fact.

(e) The question is, whether rent was paid to A for certain land.
A letter from A’s deceased agent to A, saying that he had received the rent on A’s account and held it at A’s orders is a relevant fact.

(f) The question is, whether A and B were legally married.
The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant.

(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship.
A protest made by the Captain, whose attendance cannot be procured, is a relevant fact.

(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the road was public, is a relevant fact.

(j) The question is, what was the price of grain on a certain day in a particular market.
A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact.

(k) The question is, whether A, who is dead, was the father of B.
A statement by A that B was his son, is a relevant fact.

(l) The question is, what was the date of the birth of A.
A letter from A’s deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.

(m) The question is, whether, and when, A and B were married.
An entry in a memorandum book by C, the deceased father of B, of his daughter’s marriage with A on a given date, is a relevant fact.

(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved.

See also:

Section 31 Indian Evidence Act 1872 (Admissions not conclusive proof, but may estop)

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