Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Q: What does Section 32 of The Indian Evidence Act, 1872 (IEA) deal with?

Section 32 IEA pertains to "Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant". It is part of the The Indian Evidence Act, 1872, a legislation enacted by the Parliament of India. Section 32 of The Indian Evidence Act, 1872 (IEA) governs cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. This section has been superseded by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: Is Section 32 IEA still in force?

No, Section 32 has been superseded by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) effective 1 July 2024.

Q: What is धारा 32 IEA?

धारा 32 IEA is the Devanagari Hindi reference for Section 32 of the The Indian Evidence Act, 1872. Section 32 of The Indian Evidence Act, 1872 (IEA) governs cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. This section has been superseded by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: What is Dhara 32 IEA?

Dhara 32 IEA is the Roman Hindi reference for Section 32 of the The Indian Evidence Act, 1872. "Dhara" means "Section" in Hindi. Section 32 of The Indian Evidence Act, 1872 (IEA) governs cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. This section has been superseded by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: How to cite Section 32 of The Indian Evidence Act, 1872?

Cite as: "Section 32, The Indian Evidence Act, 1872 (IEA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Evidence Act, 1872, § 32 (India).

Q: Which section replaced IEA Section 32?

Section 32 has been replaced by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), effective from 1 July 2024 as part of India's criminal law reform.

Law on Tips Editorial Board

Statements, written or verbal, or relevant facts, made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose atttendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases :

(1)

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, 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 expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

(2)

Or is made in 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 acknowledgement 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.

(3)

Or against interest of 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 a criminal prosecution or to a suit for damages.

(4)

Or gives opinion as to public right or custom, or matters of general interest. - When the statement gives the opinion of any 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.

(5)

Or relates to existence of 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.

(6)

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] [Inserted by Act 18 of 1872, Section 2.] 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.

(7)

Or in document relating to transaction mentioned in section 13, clause (a). - When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause (a).

(8)

Or is made by several persons and expresses feelings relevant to matter in question. - When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

Illustrations

(a) The question is, whether A was murdered by B; or

(b) The question is, as to the date of A's birth.

(c) The question is, whether A was in Calcutta on a given day.

(d) The question is, whether a ship sailed form Bombay harbour on a given day.

(e) The question is, whether rent was paid to A for certain land.

(f) The question is, whether A and B were legally married.

(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day.

(h) The question is, what was the cause of the wreck of a ship.

(i) The question is whether a given road is a public way.

(j) The question is, what was the price of grain on a certain day in a particular market.

(k) The question is, whether A, who is dead, was the father of B.

(l) The question is, what was the date of the birth of A.

(m) The question is, whether, and when, A and B were married.

(n) A sues B for a libel expressed in a painted caricature exposed in a shop window.