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Section 32 of the Indian Evidence Act allows certain **statements by persons who cannot be called as witnesses** to be relevant. Which of the following is a recognised category under Section 32?
A{'text': 'Statements made by a person as to the cause of his death or as to any of the circumstances resulting in his death (dying declaration)', 'label': 'A'}
B{'text': 'Statements made by any third person of any description in any newspaper of any kind whatsoever published in any State of India under any law in force in any State of India', 'label': 'B'}
C{'text': 'Statements made by any party in any political speech of any kind whatsoever delivered in any public forum of any kind in any State of India under any law in force in any State of India', 'label': 'C'}
D{'text': 'Statements made by any third person of any description in any social media post of any kind whatsoever in any digital forum in any State of India under any law in force in any State', 'label': 'D'}
Answer & Solution
Correct answer: A. {'text': 'Statements made by a person as to the cause of his death or as to any of the circumstances resulting in his death (dying declaration)', 'label': 'A'}
1. Section 32 of the Indian Evidence Act makes nine categories of statements relevant where the maker is dead, cannot be found, or cannot be called as a witness without unreasonable delay or expense.
2. Lesson 11 lists them, beginning with: (i) statement made by a person as to the **cause of his death** or **circumstances resulting in his death** — the **dying declaration**.
3. Others include statements made in the course of business, against the maker's interest, of public right or custom, of relationship of persons alive or deceased, in wills/deeds, of feelings/impressions, and prior judicial-proceeding evidence subject to cross-examination opportunity.
4. Newspaper/political/social-media statements are not among the section 32 categories.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._
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