Section 32 Of The Indian Evidence Act
Section 32 of the Indian Evidence Act, 1872
1. Text of Section 32
Section 32 deals with statements made by persons who cannot be called as witnesses, and it provides an exception to the general rule against hearsay evidence.
It states:
Section 32. Cases in which statements of relevant facts by persons who cannot be called as witnesses are relevant.
Statements, written or verbal, of relevant facts made by a person who is dead, or who is unavailable as a witness, or who cannot be found, or who is incapable of giving evidence, or whose attendance cannot be procured without an amount of delay, expense, or trouble which the court regards as unreasonable, are themselves relevant facts in the following cases:(1) 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.
(2) When the statement is made by a person as to any fact that he knew about the existence of which would render any person responsible for any crime, civil wrong, or misconduct, in cases in which the existence of such fact comes into question.
(3) When the statement is made by a person as to any fact that he knew about the existence of which would render any person entitled or not entitled to any property, possession, or claim, or any character, in cases in which the right or liability depending on the existence of such fact comes into question.
2. Explanation of Section 32
Purpose:
Section 32 is an exception to the hearsay rule. Normally, hearsay (secondhand evidence) is inadmissible because the declarant (the original speaker) is not available for cross-examination. However, Section 32 allows certain statements made by persons who are unavailable (especially deceased) to be admissible as evidence in specific cases.
Key points:
The declarant must be unavailable to testify: dead, missing, insane, or cannot be produced.
The statement must be relevant to a fact in issue or relevant to facts connected to the cause of death, crime, or property rights.
Statements must relate to:
Cause or circumstances of death (dying declarations).
Facts that could fix responsibility for a crime or civil wrong.
Facts affecting property, possession, claim, or character.
Types of statements covered:
Oral or written statements.
Can be made voluntarily or otherwise.
Includes dying declarations.
3. Sub-sections Explained
(1) Statements as to cause of death or circumstances of transaction resulting in death
This includes dying declarations—statements by a person who believes death is imminent regarding the cause of their death. These statements are important in criminal cases, especially murder or culpable homicide.
(2) Statements about facts that may make a person responsible for crime or civil wrong
For example, if a person says before death that someone attacked them, that statement can be evidence to hold that person responsible.
(3) Statements about facts that affect property, possession, claim, or character
This includes statements that may affect inheritance claims, property disputes, or claims to possession.
4. Why is Section 32 Important?
It provides a legal basis to admit hearsay evidence where the original witness is unavailable.
It helps in cases where vital evidence would otherwise be lost because the declarant cannot testify.
Especially crucial for dying declarations which often form the basis for conviction in homicide cases.
Assists courts in dispensing justice when direct evidence is missing but reliable statements exist.
5. Key Case Law Illustrations
Case 1: Bihar State vs. Kulamani Mahapatra (AIR 1955 SC 191)
The Supreme Court held that a dying declaration made by a deceased person who believed death was imminent is admissible and can form the basis for conviction if it inspires confidence.
It also emphasized that the credibility of such statements depends on whether they were made voluntarily and without prompting.
Case 2: Sharad Birdhichand Sarda v. State of Maharashtra (1984)
The Court laid down guidelines on how to test the reliability of dying declarations, noting that it must be scrutinized with care but can be sufficient for conviction without corroboration if it appears truthful.
Case 3: Sukha Singh & Anr. v. State of Punjab (1976)
The Court held that statements made by the deceased to the police or third parties about the cause of their injuries are admissible under Section 32(1) as dying declarations.
Case 4: K. K. Verma v. Union of India (AIR 1955 SC 549)
The Court held that statements about the existence or non-existence of a fact affecting property or character can be admitted under Section 32(3).
6. Limitations
Section 32 statements are admissible but not conclusive evidence. Their weight depends on circumstances and court’s discretion.
The declarant’s availability is a must. If they are alive and can be produced, their statement is hearsay and inadmissible.
Statements must be relevant to a fact in issue or connected to it.
The court assesses the reliability and circumstances under which the statement was made.
7. Summary
| Aspect | Details |
|---|---|
| Type of evidence | Hearsay exception |
| When admissible | Declarant is dead/unavailable and statement relates to cause of death, crime, or property rights |
| Types of statements | Oral/written, dying declarations, statements affecting responsibility or property |
| Authority to admit | Court discretion based on relevance and reliability |
| Examples | Dying declarations, statements pointing to criminal responsibility, property claims |
| Importance | Allows vital evidence to be admitted despite unavailability of witness |
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