Section 32 IEA: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Indian Evidence Act, 1872
Section 32 IEA at a Glance
Section 32 IEA deals with cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. From 1 July 2024 it is replaced by Section 26 BSA.
Section 32 IEA Bare Act Text
32. 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 of 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.
(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.
Source: Section 32, Indian Evidence Act, 1872
Section 32 IEA in Simple Words
Section 32 of the Indian Evidence Act, 1872 made written or verbal statements by an unavailable person relevant facts. The maker had to be dead, not found, incapable of testifying, or obtainable only with unreasonable delay or expense.
Clause (1) covered statements about the cause of death of the maker or the transaction that caused it. This applied in any proceeding where that death was in question, with or without expectation of death. Clause (2) covered ordinary business statements, including business or professional entries, signed receipts, commercial documents, and dates. Clause (3) covered statements against financial or property interest, or exposing the maker to prosecution or damages.
Clause (4) covered opinions on a public right, custom, or general interest matter by someone likely to know. The maker must have stated that opinion before any controversy arose. Clauses (5) and (6) covered statements on blood, marriage, or adoption relationships made before the dispute was raised. These came from someone with special knowledge or from wills, deeds, pedigrees, tombstones, or portraits of deceased relatives.
Clause (7) covered statements in deeds, wills, or documents about a Section 13, clause (a) IEA transaction. That included transactions creating, claiming, modifying, recognising, asserting, denying, or contradicting a right or custom. Clause (8) covered statements by several persons expressing relevant feelings or impressions.
When Section 32 IEA Applies
- Applies to a written or verbal statement of a relevant fact when the maker is dead, cannot be found, cannot give evidence, or cannot attend without unreasonable delay or expense.
- Applies under clause (1) when a person makes a statement about the cause of death of that person, or the transaction resulting in that death, in any proceeding where that cause of death is in question.
- Applies under clauses (2) and (3) to entries, receipts, and documents made during regular business or professional duty, and to statements against financial or property interest or risking prosecution or damages.
- Applies under clauses (4), (5), and (6) to opinions on public rights, customs, or general interest matters made before controversy, and statements on blood, marriage, or adoption relationships made before dispute from special knowledge or in family records of deceased persons.
- Applies under clause (7) to statements in documents relating to a transaction under Section 13, clause (a) IEA concerning a right or custom, and under clause (8) to statements by several persons expressing relevant feelings or impressions.
Example of Section 32 IEA
When Section 32 IEA Does Not Apply
- A statement under clause (1) about the cause of death is relevant only in cases where the cause of death of that person is in question, though the maker need not have been expecting death when speaking.
- An opinion under clause (4) on a public right, custom, or general interest matter is not relevant under that clause unless it was made before any controversy over that matter arose.
- A statement on family relationship under clause (5) or clause (6) is not relevant under those clauses unless made before the dispute arose.
Section 32 IEA in the BSA
Section 32 IEA is now covered under Section 26 BSA.
Section 32 of the Indian Evidence Act, 1872 became Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The side headings became clauses (a) to (h). Illustrations read "raped" for "ravished", "business person" for "banya", and other place names.
View detailed comparison (IEA 32 vs BSA 26) →FAQs on Section 32 IEA
What is Section 32 IEA?▼
Section 32 of the Indian Evidence Act, 1872 lists the cases in which written or spoken statements by an unavailable person are relevant facts. It applies when the maker has died, cannot be located, is unable to testify, or can attend only with unreasonable delay or cost.
Must a person have been expecting death for a statement on the cause of death to be relevant under Section 32 IEA?▼
No. Under clause (1) of Section 32 IEA, a statement about the cause of death or the transaction leading to death is relevant whether or not the maker expected to die when making it.
Does a statement about the cause of death under Section 32 IEA apply only in criminal trials?▼
No. Clause (1) of Section 32 IEA applies whatever kind of proceeding is before the court, as long as the cause of death of that person is in question.
Can a statement about family relationships made after a dispute started be relevant under Section 32 IEA?▼
No. Under clauses (5) and (6) of Section 32 IEA, a statement about blood, marriage, or adoption relationships is relevant only if it was made before the dispute was raised.
What is Section 32 IEA in BSA?▼
Section 26 BSA. Section 32 IEA became Section 26 BSA with no substantive change, while the side headings became clauses (a) to (h) and several words and place names in the illustrations were updated.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·