Statements made Under Special Circumstances

Introduction

• The Indian Evidence Act, 1872 (IEA) came into force on 1st September 1872 and consists of 11 Chapters and 167 Sections.
• The concept of statements made under special circumstances is dealt with by Chapter II of the IEA under Sections 34-38 whereas Section 39 mentions about how much of a statement is to be proved.

Statements Made under Special Circumstances

Relevant provisions of IEA are described as under:

• Section 34
  • Entries in books of account when relevant – Entries in the books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
    • Illustration - A sues B for Rs. 1,000, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.
• Three main components of this provision are:
  • Books of Accounts: It refers to group of sheets bound together with the intention of permanently keeping them in one volume. Unbound sheets of paper though filled in as account cannot be considered as a book hence such sheets are irrelevant and not admissible under this provision.
    • In Devendra Kumar Sharma v. State of Rajasthan (2001), SC held that register kept at hotel reception does not amount to account book unless it contains pecuniary transactions.
• Regularly Kept: Books are considered to be regularly kept if they are uniformly and continuously maintained.
  • In Emperor v. Narabada Prasad (1930): It was held by the Privy Council that whether a book is regularly kept is a matter of facts and circumstances of the case.
    • In the course of bussiness: The entries must be made in the books of accounts regularly kept.
• Section 35
  • Relevancy of entry in public record made in performance of duty - An entry in public or other official book, register or record or an electronic record, stating a fact in issue or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoyed by the law of the country in which such book, register, or record or an electronic record is kept, is itself a relevant fact.

Conditions

• Before any document is made admissible under this provision following conditions must be fulfilled:
  • An Entry Must Be Kept In Check In Public Or Official Record – A public record is basically data which is accessible to the public at large.
    • In Anita v. Atal Bihari (1992), the Madhya Pradesh High Court ruled that an entry in the Register of Births and Deaths could serve as a valid reference for establishing the age of the accused.
• The Entry Must Be Prepared By A Public Servant – Section 21 of the Indian Penal Code, 1860 (IPC) defines public servant and it includes but not restricted to
  • Every Commissioned Officer in the Military, Naval or Air Forces,
  • Every Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions.
  • Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement.
• Entry Must Be Prepared By A Public Servant In Satisfying His Official Duties – The entry must be made by a person whose duty is to make such entry. It is not necessary that duty is prescribed by enactment, it can be prescribed by rules or under any other authority.
• Section 36
  • Relevancy of statements in maps, charts and plans - Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
    • In Ram Kishor v. Union of India (1965), SC has held that maps prepared by private persons and not under the authority of Government are not relevant under Section 36 IEA.
• Section 37
  • Relevancy of statement as to fact of public nature contained in certain Acts or notifications - When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom or in any Central Act, Provincial Act or a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty is a relevant fact.
  • The Government Acts and notifications are admissible under this section.
• Section 38
  • Relevancy of statements as to any law contained in law-books - When the Court has to form an opinion as to the law of any country, any statement of the law of that country contained in a book printed or published under the authority of the Government of such country and any report of a ruling of the Courts of such country, is relevant.
• Section 39
  • What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers - When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
  • Principle Involved under the above provision: To grasp the true essence of a sentence or passage, one must consider the entirety of the literature from which it is derived. Section 39 stipulates that when it is necessary to establish a statement as evidence, particularly if the statement is lengthy or constitutes part of a series of letters or pages, only the relevant portions of the statement or document essential for a complete comprehension of the subject matter shall be presented as evidence.