LAW OF EVIDENCE 603
- The rule of the exclusion of hearsay applies only to statements made by non-witnesses which are used to prove the truth of the facts stated.
4. What are the exceptions to the rule ?
Under the rule of evidence contained in the Evidence Act a statement made by a non-witness to prove the truth of the facts stated therein is inadmissible.
There are exceptions to this rule.
ยง Exceptions contained in Section 32.
- When a person is dead or cannot be found or has become incapable of giving evidence or whose attendance cannot be procured without delay or expense, statements written or verbal made by such persons may be proved if the statements fall under any one of the 8 categories mentioned in Section 32.
(i) When it relates to the cause of his death (a)
(ii) When it is made in the course of business. Illus (b) (j)
(iii) When it is against the pecuniary or proprietory interest of the maker or which if true would have exposed him to criminal prosecution or suit for damages. Illus (e) (f)
(iv) When the statement gives his opinion as to public right or custom or matters of general interest provided such opinion was given before controversy had arisen. (Illus) (i)
(v) When it relates to the existence of relationship by blood, marriage or adoption and the person had special knowledge and was made before controversy.
(vi) When it relates to the existence of relationship between persons deceased and is made in any will or deed relating to family affairs, in a family pedigree, upon any tombstone, family portrait etc., and is made before controversy.
(vii) When it is contained in any deed, will or other document which relates to any transactions as is mentioned in Sec. 13, clause (a).
(viii) When it is made by a number of persons expressing feelings or impressions. Illus. V.