Section 40 Evidence Act 2011
Section 40 Evidence Act 2011 is titled ‘Statements relating to cause of death‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY) of the Act. It states as follows:
(1) A statement made by a person as to the cause of his death, or as to any of the
circumstances of the events which resulted in his death in cases in which the cause of that person’s death comes into question is admissible where the person who made it believed himself to be in danger of approaching death although he may have entertained at the time of making it hopes of recovery.
(2) A statement referred to in subsection (1) of this section shall be admissible whatever may be the nature of the proceeding in which the cause of death comes into question.