Principle: Evidence Act Section 32(3) — a statement made by a person against his own pecuniary or proprietary interest is relevant after his death. Facts: After X's death, his diary is discovered containing an entry: 'I owe Y Rs 1,00,000.' Y sues X's estate. Y's BEST evidentiary argument is
AThe diary is admissible only with judicial confirmation
BThe diary is admissible only if Y was present at writing
CThe diary is hearsay and inadmissible
DThe diary entry is a statement against X's pecuniary interest, made before death — relevant under Section 32(3) Indian Evidence Act
Answer & Solution
Correct answer: D. The diary entry is a statement against X's pecuniary interest, made before death — relevant under Section 32(3) Indian Evidence Act
Section 32(3) IEA is a hearsay exception for statements against pecuniary or proprietary interest, when the declarant is dead or otherwise unavailable. The acknowledgement of debt damages X's estate and is therefore presumptively reliable.
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