This is the fifth lecture in the lecture series on the All India Bar Exam (Tamil) and the fourth lecture on the Indian Evidence Act, 1872. This lecture discusses the relevancy of statements by persons who cannot be called as witnesses (s. 32-33) and of statements made under special circumstances (s. 34 - 39). The lecture audio can be downloaded from this SoundCloud link: https://goo.gl/G9CR3y. The lecture video can be accessed from here: https://youtu.be/wrwPDf8Hj14

1. All India Bar Exam
Lectures on the
Evidence Act, 1872
Badrinath Srinivasan LL.M., A.I.I.I., M.C.I.Arb.

2. Lecture 5
Relevance of
Certain Statements under Certain
Circumstances

3. Recap
 Previous Lecture
◦ Relevance of Admissions and Confessions
 This Lecture
◦ Statements by persons who cannot be called
as witnesses (s. 32-33).
◦ Statements made under special
circumstances (s. 34 - 39).
◦ .

4. Statements by Persons who
Cannot be Called as Witnesses
(S 32)
 Statements- written /oral of relevant facts are
relevant if by certain persons in certain
circumstances
 Certain persons
◦ Dead or cannot be found/
◦ Incapable of giving evidence/
◦ Attendance cannot be procured without unreasonable
delay or expense
 Circumstances when relevant
◦ Dying declarations- about death- cause/ incidents
◦ Statement in ordinary course of business
◦ Statement is against the pecuniary or proprietary
interest of maker or would expose him to criminal
prosecution or damages

5. Statements by Persons who
Cannot be Called as Witnesses
(S 32)(1)
 Circumstances when relevant (contd.)
◦ Statement gives opinion as to public right/ custom
or matters of general interest
◦ Statement is on existence of relationship by blood,
marriage or adoption between
 persons and the maker, which the maker had special
knowledge and before the dispute was raised
 deceased persons, affairs of the family, and is made in
will, tombstone, family portrait, before the dispute was
raised
◦ Statement is in a deed, will, or other document
relating to S 13(a) transactions- by which custom
or right was created, modified, destroyed etc.
◦ Statement was by a number of persons
expressing feelings/ impressions on the matter in

6. S. 33
 Evidence of witness is relevant for
proving in the same/ another judicial
proceeding truth of the statement when
witness is
◦ dead or cannot be found/
◦ incapable of giving evidence/
◦ attendance cannot be procured without
unreasonable delay or expense
 Conditions
◦ Same proceeding/ proceedings between
same parties
◦ Adverse party had the right to cross-examine
◦ Questions in issue in both- substantially the
same

7. Statements made Spl.
Circumstances
 34- entries in accounts books- soft/ hard
form kept in ordinary course are relevant
but not enough to fasten liability
 35- Entry in public record/ official book,
register or record or electronic record
stating FII/RF relevant:
◦ made by public servant acting officially
◦ or by other person to keep such record
 36- FII/RF in charts/ maps for sale for
public or in those under government
authority as to things usually represented
therein are relevant

8. Statements made Spl. Circumstances
(2)
 37- Evidence of statements of existence
of facts of public nature are relevant if
contained in:
◦ UK statutes
◦ Central, state , provincial statutes of India
◦ Notifications in Official gazette, London
gazette or dominion/ colony of UK
 38- If court needs to form opinion on law
of a country statement of such law
contained in the following are relevant:
◦ an official book printed by that country
◦ Law report of ruling on that law

9. Hasta la Vista Amigos