Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.

What this section does

Statements (written or verbal) of relevant facts made by persons who are dead, cannot be found, are incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense, are themselves relevant facts in eight specified categories: dying declarations; statements in the ordinary course of business; statements against pecuniary or proprietary interest; statements of opinion on public rights or customs; statements about family relationships; statements in wills, deeds, pedigrees, tombstones etc. about deceased persons' relationships; statements in documents relating to transactions specified in s.11(a); and statements expressing feelings or impressions of a number of persons on a relevant matter.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Statements of unavailable persons are admissible as relevant facts only when they fall within one of the eight enumerated categories.

When it applies

• A woman fatally injured in an assault makes a statement identifying her attacker before dying — the statement is relevant as a dying declaration under clause (a) regardless of whether she was under expectation of death.
• A deceased merchant's regularly kept account book records receipt of goods from a party — the entry is relevant under clause (b) as a statement made in the ordinary course of business.

• EVIDENCE Section 32 — Dying declarations and statements of persons who cannot be called as witnesses