Law of Evidence

LECTURE IV

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

 Overview of the Lecture
• Recapitulation of connected legal provisions
• Statements made under special circumstances (Sections 34-38)
• How much of a Statement to be Proved (Section 39)
• Judgments of Courts of Justice when Relevant (Sections 40-44)
Overview of the Scheme of the Act-Page 1
Overview of the Scheme of the Act-Page 2
Overview of the Scheme of the Act-Page 3
Overview of the Scheme of the Act-Page 4
 Part I (Relevancy of Facts) Chapter II (Of the
Relevancy of Facts)
Statements made under special circumstances

• Sections 34-38

How much of a statement to be proved

• Section 39

Judgments of courts of justice when relevant

• Sections 40-44
 Statements Made under Special Circumstances
(Sections 34-38)

Scope of Sections 34-38

• Deals with two general classes of statements

• Entries in Books of Accounts
• Entries in Public Documents

• They are relevant regardless of whether the maker thereof is a party to the
suit or not or whether he is examined as a witness or not.

• They are admissible because the special circumstances under which they
are made can afford a fair guarantee for the truth
 Statements Made under Special Circumstances
(Sections 34-38)
Scope of Sections 34
• Section 21 enacts the general rule that a
man cannot make evidence for himself
and hence excludes from evidence
admissions in one’s own favour.
• Section 34 is an exception to Section 21
• Deals with entries in accounts books
and their probative value.
Section 34
34. Entries in books of account including those
maintained in an electronic form when relevant.—
Entries in books of accounts 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.
 Statements Made under Special Circumstances
(Sections 34-38)
Section 34
Scope of Sections 34
34. Entries in books of account including those
maintained in an electronic form when relevant.—
• Accounts admissible under Section 34 require
corroboration Entries in books of accounts including those
maintained in an electronic form], regularly kept
• Accounts may be used to in the course of business, are relevant whenever
they refer to a matter into which the Court has to
• contradict a witness (Section 145) inquire, but such statements shall not alone be
sufficient evidence to charge any person with
• Corroborate the testimony (Section 157)
liability.
• Refresh the memory of a witness (S. 159
and 160)

• Entries made by agent in a book of accounts

are admissible against the party as admissions
 Statements Made under Special Circumstances
(Sections 34-38)
Section 34
Scope of Sections 34
34. Entries in books of account including those
maintained in an electronic form when relevant.—
• Ingredients of Section 34
Entries in books of accounts including those
• Entry is in a book maintained in an electronic form], regularly kept
in the course of business, are relevant whenever
• Book is a book of accounts they refer to a matter into which the Court has to
• The book is regularly kept in the inquire, but such statements shall not alone be
sufficient evidence to charge any person with
course of business liability.

• Book signifies sheets of paper bound

together. Loose sheets or unstated
sheets of paper have no probative force
of a book of accounts
 Statements Made under Special Circumstances
(Sections 34-38)
Section 34
Scope of Sections 34
34. Entries in books of account including those
maintained in an electronic form when relevant.—
• Regularly kept in the course of business
• It does not mean correctly kept Entries in books of accounts including those
maintained in an electronic form], regularly kept
• It only means kept according to a set of rules in the course of business, are relevant whenever
they refer to a matter into which the Court has to
• Absence of entries is a presumptive proof of its inquire, but such statements shall not alone be
non-existence sufficient evidence to charge any person with
liability.
• Mode of proof
• To call the clerk who has kept the accounts or
some person competent to speak to their
genuineness
• to prove that the books have been regularly
kept and that they are generally accurate.
 Statements Made under Special Circumstances
(Sections 34-38)
Section 35
Scope of Sections 35
35. Relevancy of entry in public record or an
electronic record made in performance of duty.—
• Law reposes faith in public officers that it
presumes they will discharge their several trusts An entry in any public or other official book,
with accuracy and fidelity register or record or an electronic record, stating
• Ingredients a fact in issue or relevant fact, and made by a
public servant in the discharge of his official duty,
• Entry relied upon must be one in any public or by any other person in performance of a duty
or other official book, register or record specially enjoined by the law of the country in
• Must be stating a fact in issue or relevant fact which such book, register, or record or an
electronic record is kept, is itself a relevant fact
• It must be made by a public servant in the
discharge of his official duty
• All persons concerned must have access
thereto
 Statements Made under Special Circumstances
(Sections 34-38)
Section 35
Scope of Sections 35
35. Relevancy of entry in public record or an
electronic record made in performance of duty.—
• Attracted both in civil and criminal cases
An entry in any public or other official book,
• Types register or record or an electronic record, stating
a fact in issue or relevant fact, and made by a
• Birth Certificates
public servant in the discharge of his official duty,
• Notary Public or by any other person in performance of a duty
• Registration of marriage specially enjoined by the law of the country in
which such book, register, or record or an
• FIR (recorded under Section 154 of the Cr.P.C.) electronic record is kept, is itself a relevant fact
• School records
• Revenue Records
• Patta/Khasra
• Official Gazette and subordinate legislation
 Statements Made under Special Circumstances
(Sections 34-38)
Section 36
Scope of Sections 36
36. Relevancy of statements in maps, charts and
plans.—
• Deals with public records of the type that are maps,
charts and plans Statements of facts in issue or relevant facts,
made in published maps or charts generally
• Two Classes of maps offered for public sale, or in maps or plans made
• Maps or charts generally offered for the public under the authority of the Central Government or
for sale. Called quasi public documents any State Government, as to matters usually
represented or stated in such maps, charts or
• Also covered by Section 57 (Facts of which Courts plans, are themselves relevant facts.
must take judicial notice)
• Maps and plans made under the authority of the
government
• Probative value is attracted as such maps contain
the results of enquiries made by a competent
authority in which the public is interest
Statements Made under Special Circumstances
(Sections 34-38)
Section 83
83. Presumption as to maps or plans made by
authority of Government.—
The Court shall presume that maps or plans
purporting to be made by the authority of the
Central Government or any State Government
were so made, and are accurate; but maps or
plans made for the purposes of any cause must be
proved to be accurate.
Section 36
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.
 Statements Made under Special Circumstances
(Sections 34-38)
Section 36
Scope of Sections 36
36. Relevancy of statements in maps, charts and
plans.—
• Two Classes of maps
Statements of facts in issue or relevant facts,
• Maps or charts generally offered for made in published maps or charts generally
the public for sale. Called quasi public offered for public sale, or in maps or plans made
documents under the authority of the Central Government or
any State Government, as to matters usually
• Can be presumed to be correct represented or stated in such maps, charts or
• Maps and plans made under the plans, are themselves relevant facts.
authority of the government
• Need to be proved
• Survey maps (for the purposes of revenue)
are good but not conclusive evidence of
possession
 Statements Made under Special Circumstances
(Sections 34-38)
Section 36
Scope of Sections 36
36. Relevancy of statements in maps, charts and
plans.—
• Two Classes of maps
Statements of facts in issue or relevant facts,
• Maps or charts generally offered for made in published maps or charts generally
the public for sale. Called quasi offered for public sale, or in maps or plans made
under the authority of the Central Government or
public documents any State Government, as to matters usually
• Can be presumed to be correct represented or stated in such maps, charts or
plans, are themselves relevant facts.
• Maps and plans made under the
authority of the government
• Need to be proved
 Statements Made under Special Circumstances
(Sections 34-38)
Scope of Sections 37
• Applicable when the court has to form
an opinion regarding existence of a fact
of a public nature
• Courts must presume the genuineness
of the documents
• E.g. statement in the gazette that an
Act has been assented to by the
President is proof of the fact
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.
 Statements Made under Special Circumstances
(Sections 34-38)
Section 38
Scope of Sections 38
38. Relevancy of statements as to any law
contained in law-books.—
• When necessary to form an opinion as to
the law of a foreign country When the Court has to form an opinion as to a
law of any country, any statement of such law
• Then the following can be relied upon contained in a book purporting to be printed or
• Statement of such law contained in a published under the authority of the Government
of such country and to contain any such law, and
book published under the authority any report of a ruling of the Courts of such
of the government country contained in a book purporting to be a
report of such rulings, is relevant.
• Books containing reports of cases
• Domestic law requires no such proof as
the courts are supposed to take judicial
notice of it