STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS
WITNESSES
A RESEARCH PRAPOSAL SUBMITTED IN PARTIAL FULFILMENT OF THE
COURSE LAW OF EVIDENCE FOR THE REQUIRMENT OF THE DEGREE B.A;
LL. B. (HONS) DURING THE ACADEMIC SESSION 2020-21
SUBMITTED BY: -
PRINCE KUMAR
ROLL NO: 1952
SEMESTER: 4TH
SUBMITTED TO: -
DR. MEETA MOHINI
(ASSISTANT PROFESSOR OF LAW)
February:2020
CHANAKYA NATIONAL LAW UNIVERSITY
NAYAYA NAGAR, MITHAPUR, PATNA – 800001
INTRODUCTION
Section 32[1] and the subsequent Section 33[2]of the Indian Evidence Act, 1872 deal with
the relevancy of statements given by persons who cannot be called as witnesses.
There is a particular class of people who cannot be called as witnesses under Section 32 and
their statements are allowed to be proved in their absence. The list of persons is as follows:
Persons who are dead
Persons who cannot be found
Persons who have become incapable of giving evidence
Persons whose attendance cannot be procured without an amount of delay or expense
Case in which statement of relevant fact by person who is dead or cannot be found, etc. is
relevant statement, 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, but they are themselves actually facts in the
many circumstances.
Though Section 60 of the Indian Evidence Act, 1872[3] insists that oral evidence must, in all
cases, whatever, be direct. In other words, hearsay evidence is no evidence. But under
Section 32, hearsay evidence is admissible so it can be said that it is an exception to Section
60.
The following cases where the statements made my list of people mentioned above is:
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, known as Dying Declaration, 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 the expectation of death, and whatever may be the nature of the proceeding in
which the cause of his death comes into question. Suicide note also comes within the purview
of the Dying Declaration.
Reasons behind the admissibility of a dying declaration are:
Firstly, the necessity, the victim being the sole eye witness of the crime that has been
perpetrated upon him, so excluding his evidence would violate the law of natural justice.
Secondly, they are the declarations made by a person under expectation of death so it is
presumed to be true as the maxim “Nemo Moriturus Praesumntur Mentire” which means “A
person who is about to die, can never lie” or the truth sits in his tongue at the time of death
because of the fear of almighty God whom he will meet as soon as he will die so he always
wanted to reduce his sins by saying truth as per the mythologies.
On behalf of these reasons, dying declarations are admissible in the court of law.
Or is made in the 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
acknowledgment 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.
Or against the interest of the 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 criminal prosecution or to a
suit for damages.
Or gives an opinion as to the 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.
Or relates to the existence of a 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.
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.
Or in a document relating to transaction mentioned in section 13, Clause (a)
When the statement is contained in any deed, will or other documents which relate to any
such transaction as is mentioned in Section 13, Clause (a).
Or is made by several persons and express feelings relevant to a matter in question
When the statement is made by a number of persons and expressed feelings or impressions on
their part relevant to the matter in question, in such situations also the statements given by
people become relevant.
OBJECTIVES OF THE STUDY
The researcher intends to find out the following during the course of research:
A. The Objective of this research is to study of the Case in which statement of relevant
fact by person who is dead or cannot be found, etc is relevant.
B. The Objective of this research is to find out the Admissibility of dying declaration.
C. The Objective of this research is to examine the basic rule dying declaration. When
dying declaration does not require further corroboration-
D. The Objective of this research is to find out when dying declaration does not require
further corroboration And When more than one dying declaration-
E. The Objective of this research is to find out the Relevancy of certain evidence for
proving, in subsequent proceeding, the truth of facts therein stated.
HYPOTHESIS
1) For ends of justice the law always demands best evidence to be produced before the
court of justice. The best evidence means evidence of the person who has made a
statement or has written a document by himself. This is a best evidence of the person
who has got first-hand knowledge about facts or original documents. When a witness
appears before the court, he is required to take oath and is subjected to cross-
examination by the opposite party.
2) A second hand or hearsay evidence means derivative evidence. When the person or
document (best evidence) cannot be available in the court, then the “other person”
may be allowed by the court, who is not required to take oath or is put to cross-
examination, to testify the contents of the documents prepared by the person who is
not available for reasoned mentioned in Section 32. Thus, the hearsay evidence is
relevant when: (i) there is necessity and (ii) the special circumstances guaranteeing
genuineness and trustworthiness. Section 32 is an exception to the hearsay rule.
RESEARCH METHODOLOGY
The researcher shall follow the doctrinal research methodology to complete this study.
SOURCE OF DATA
Primary sources include law of Evidence act, 1872 bare act etc.
Secondary sources include books, Articles, Websites etc.
LIMITATION OF THE STUDY
I am student then I cannot collect more than from book.
1. Money is one of the limitations since researcher is a student.
2. Time period given for the submission of final draft is not enough.
3. Another limitation is that research area is limited for the researcher to the college
campus.
SCOPE OF THE STUDY
The project entitled “statements by persons who cannot be called as witnesses” has been done
at Patna as a completion part of the degree B.A; LL. B (hons) during the session 2018-23
program.
TENTETIVE CHAPTERISATION
1) Introduction (section 32)
2) Dying declaration {Sec.32(1)}
3) Or is made in course of business {sec. 32(2)} and statements against interest of maker
{sce.32 (3)}
4) Section 32 (4), (5) and (6): declaration as to public rights, relationship or pedigree
5) Statements in documents as to custom or usage {sec.32(7)} and statements of several
persons expressing feelings {32(8)}
6) Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
therein stated. {Section 33}
BIBLIOGRAPHY
General rules
Times New Roman, Size 10, 1 line spacing, Justified.
Add full stop after every footnote.
Months should be written in abbreviated forms: Jan., Feb., Mar., Apr., May, June, July,
Aug., Sept., Oct., Nov., Dec.
Tables given at the end of the Bluebook should be referred to for abbreviated forms. Eg.
Abbreviations of geographical terms, periodicals, publishing terms etc.
Statutes
The Indian Evidence Act, 1872
Code of criminal procedure, 1973
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Books
Dr. Asis Mallick, Law of Evidence (An Approach to Modern Perspective), 2011.
Batuk Lal, The law of evidence (Lexis Nexis; Twenty first edition, 2015).
Internet
www.legalservicesindia.com.
www.manupatrafast.com.
www.scconline.in.
www.indiankanoon.org.
https://www.google.com/webhp?authuser=2
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Case
Emperor v. Mohammad Sheikh
Ram Manorath v. State of U.P.
Sunder Singh v. State of Uttaranchal
Bhajju v. State of Madhya Pradesh………………….
