The main principles
of the Evidence Act are
Evidence must be
given on matters in issue
Best evidence must be
tendered
Hearsay evidence must
be kept out
Exceptions to the
Rule of Hearsay Evidence - Policy for
such Rule
Necessity
Peculiar Means of
Knowledge
Exceptions to the
Rule that Hearsay is not Admissible [S.32]
Statements made
orally or in writing by a person
who is dead
who cannot be found
who has become incapable of giving evidence
whose attendance cannot be procured without an amount of delay or
expense
are relevant for
Dying
Declarations DD [S.32 (1)]
Statements
made in the course of duty [S.32(2)]
Statements
against Interest [S.32(3)]
Statements
as to Public Rights [S. 32(4)]
Statements
as to pedigree [S.32(5)]
Statements
as to Genealogy [S.32(6)]
Statements
as to transaction [S.32(7)]
Statements
made by several persons [S.32(8)]
Dying Declarations
DD [S.32 (1)]
In trials for death
of the declarant
the declarant made
statement
as to the cause of his death
with or without expectation of death
the declaration
may be in answer to leading
questions;
may be oral, written or by signs;
must be confined to the circumstances
which led to his death;
must be confined to such evidence as the declarant would have been
competent to give had he lived.
To Whom DD Should be Made
- Magistrate, Doctor, Police, any person
Mode of recording DD
- In writing, in his own words, in question answer form
Proof of Dying Declarations - similar to any other evidence
must be scrutinised closely
in the light of surrounding
facts and circumstances
bearing in mind that the
deceased has not been examined on oath
and he has not been cross
examined
Evidentiary Value of
DD - Conviction may follow if found, true,
consistent, correct observation by deceased. made at the earliest opportunity, no
tutoring of interested parties
if the declarant
survived
as a witness under examination
the statement will be considered as corroborative evidence u/s. 157
Statements
made in the course of duty [S.32(2)]
Statements made in the
ordinary course of business in particular
any entry or memorandum made by him in books kept in the ordinary
course of business or in discharge of professional duty;
an acknowledgement written or signed by him of receipt of money, goods,
securities of property of any kind;
a document used in commerce written or signed by him;
the date of a letter of other documents usually dated, written or
signed by him.
Statements
against Interest [S.32(3)]
Statements
against pecuniary or proprietary interest of maker
if true, expose him to a criminal prosecution or to a suit for damages
Statements
as to Public Rights [S. 32(4)]
Opinion,
as to the existence of any
public right or custom or matter of public or general interest
of which he is aware
made before any controversy as to such right, custom or matter had
arisen.
Statements
as to pedigree [S.32(5)]
Statements
as to existence of any relationship by blood, marriage or adoption
made before the question in dispute was raised
made by person had special means of knowledge
Statements
as to Genealogy [S.32(6)]
Statements as to existence of any relationship by blood, marriage or
adoption between persons deceased made
in any will, or deed of family affairs
in any family pedigree
upon any tombstone, family portrait or other thing
on which such statements are usually made
before the question in dispute was raised
Statements
as to transaction [S.32(7)]
Statements
contained in any deed, will or other document
relates any transaction by which the right or custom in question was
created, claimed, modified, recognized, asserted or denied, or which was
inconsistent with its existence
Statements
made by several persons [S.32(8)]
Statements
made by a number of persons
expressed feelings or impressions
relevant to matter in question.
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