Sections 31 and 32 of the Indian Evidence Act, 1872: Admissions, Estoppel and Statements by Unavailable Persons
Sections 31 and 32 contain two important rules of relevancy. Section 31 states the evidentiary effect of an admission, while Section 32 specifies when statements made by persons who cannot be called as witnesses become relevant facts.
Section 31 - Admission not conclusive proof, but may estop
Statutory rule: Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions relating to estoppel.
An admission is therefore relevant evidence, but an admission by itself does not necessarily make the admitted matter finally proved. The person against whom it is proved may, subject to the applicable law and facts, explain or rebut it. The latter part of Section 31 is important because an admission may nevertheless operate as an estoppel where the legal requirements of estoppel are satisfied.
Section 32 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Section 32 makes certain written or verbal statements of relevant facts admissible when the maker is dead, cannot be found, has become incapable of giving evidence, or cannot be brought before the Court without an amount of delay or expense which the Court considers unreasonable in the circumstances.
The statement must also fall within one of the eight categories specified in Section 32.
Eight categories of relevant statements under Section 32
1. Statement relating to cause of death
A statement concerning the cause of the maker's death, or circumstances of the transaction which resulted in the death, is relevant when the cause of that person's death comes into question. The maker need not have been under expectation of death when the statement was made, and the provision is not confined to a particular kind of proceeding.
2. Statement made in the course of business
This category covers statements made in the ordinary course of business, including entries or memoranda in regularly kept business books or records made in discharge of professional duty, acknowledgements of receipt of money, goods, securities or property, documents used in commerce, and dates appearing on documents ordinarily dated, written or signed by the maker.
3. Statement against the maker's interest
A statement is relevant when it was against the maker's pecuniary or proprietary interest or, if true, would have exposed the maker to criminal prosecution or a suit for damages.
4. Opinion about public right, custom or matter of general interest
A statement may be relevant when it gives the opinion of a person likely to have knowledge of a public right, custom or matter of public or general interest, provided it was made before a controversy concerning that right, custom or matter arose.
5. Statement relating to relationship
A statement about a relationship by blood, marriage or adoption may be relevant when the maker had special means of knowledge concerning that relationship and made the statement before the question in dispute arose.
6. Statement in will, deed or family record
A statement concerning relationship between deceased persons may be relevant when it appears in a will or deed relating to family affairs, a family pedigree, tombstone, family portrait or another thing on which such statements are usually made, if made before the dispute arose.
7. Statement in document relating to a transaction mentioned in Section 13(a)
A statement contained in a deed, will or other document is relevant where the document relates to a transaction of the kind mentioned in Section 13, clause (a), concerning a right or custom in question.
8. Statement by several persons expressing relevant feelings or impressions
A statement made by a number of persons may be relevant when it expresses feelings or impressions on their part which are relevant to the matter in question.
Illustrations and practical meaning of Section 32
The statutory illustrations cover a broad range of situations. They include statements concerning the cause or circumstances of a person's death; entries in the diary of a deceased surgeon or solicitor; commercial correspondence recording the sailing of a ship; a deceased agent's acknowledgement of rent; statements concerning marriage, birth or parentage; a ship captain's protest; a deceased village headman's statement concerning a public road; statements of market prices made in the ordinary course of business; and collective reactions relevant to an alleged libel.
These illustrations demonstrate that Section 32 is wider than the rule relating to dying declarations alone. A dying declaration falls within clause (1), while clauses (2) to (8) deal with other kinds of statements made by persons who satisfy the threshold condition of unavailability specified in the opening part of the section.
Difference between Sections 31 and 32
Section 31 deals with the effect of an admission and expressly provides that an admission is not conclusive proof, although it may operate as an estoppel. Section 32, by contrast, is a rule of relevancy concerning statements of persons who cannot be produced as witnesses and permits those statements to be proved when the statutory conditions are satisfied.