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

Explanation using Example

Example 1:

Scenario: A murder case where the victim, Mr. Sharma, was found dead under suspicious circumstances.

Application of Section 32: Mr. Sharma, before his death, told his neighbor, "I was attacked by Mr. Verma because I refused to give him money." Mr. Sharma's statement about the cause of his death is relevant in the court to establish the motive and the identity of the attacker, even though Mr. Sharma is no longer alive to testify.

Example 2:

Scenario: A business dispute where the authenticity of a transaction is questioned.

Application of Section 32: Mr. Gupta, a deceased accountant, had made an entry in the company's ledger stating, "Received ₹50,000 from Mr. Singh for the sale of goods on 5th March 2022." This entry, made in the ordinary course of business, is relevant to prove that the transaction took place, even though Mr. Gupta is no longer available to testify.

Example 3:

Scenario: A property dispute involving the relationship between family members.

Application of Section 32: Mrs. Kapoor, who is now deceased, had written in her will, "I leave my house to my grandson, Raj, the son of my daughter, Meena." This statement is relevant to establish the relationship between Raj and Mrs. Kapoor, and to determine the rightful heir to the property.

Example 4:

Scenario: A case involving the public right of way over a piece of land.

Application of Section 32: Mr. Rao, a deceased village headman, had stated in a village meeting, "This path has been used by the public for over 50 years." This statement is relevant to establish the existence of a public right of way, even though Mr. Rao is no longer alive to testify.

Example 5:

Scenario: A case where the date of birth of an individual is in question.

Application of Section 32: Dr. Mehta, a deceased doctor, had made an entry in his medical diary, "Delivered a baby boy to Mrs. Desai on 10th January 1990." This entry is relevant to establish the date of birth of Mrs. Desai's son, even though Dr. Mehta is no longer available to testify.

Example 6:

Scenario: A case involving the authenticity of a will.

Application of Section 32: Mr. Patel, a deceased lawyer, had written a letter to his colleague stating, "I have drafted the will of Mr. Joshi, and he has signed it in my presence on 15th June 2018." This letter is relevant to prove the authenticity of Mr. Joshi's will, even though Mr. Patel is no longer alive to testify.

Example 7:

Scenario: A case involving a shipwreck and the cause of the wreck.

Application of Section 32: Captain Singh, who cannot be found, had made a protest note stating, "The ship encountered a severe storm on 20th August 2021, leading to the wreck." This protest note is relevant to establish the cause of the shipwreck, even though Captain Singh is not available to testify.

Example 8:

Scenario: A defamation case involving a caricature displayed in a shop window.

Application of Section 32: A crowd of people had made remarks such as, "This caricature clearly depicts Mr. Kumar and is highly insulting." These remarks, made by several persons, are relevant to establish the similarity of the caricature to Mr. Kumar and its defamatory nature, even though the individuals who made the remarks are not available to testify.