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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

or is made by several persons, and expresses feelings relevant to matter in question
(8) When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.
 
 
Illustrations
 
 
(a) The question is, whether A was murdered by B; or
 
 
A dies of injuries received in a transaction in the course of which she was ravished. The question is whether she was ravished by B; or
 
 
The question is whether A was killed by B under such circumstances that a suit would lie against B by A's widow.
 
 
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration are relevant facts.
 
 
(b) The question is as to the date of A's birth.
 
 
An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a relevant fact.
 
 
(c) The question is, whether A was in Chittagong on a given day.
 
 
A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in 2[Chittagong], for the purpose of conferring with him upon specified business, is a relevant fact.
 
 
(d) The question is, whether a ship sailed from 3[Chittagong] harbour on a given day.
 
 
A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from 4[Chittagong] harbour, is a relevant fact.
 
 
(e) The question is, whether rent was paid to A for certain land.
 
 
A letter from A's deceased agent to A saying that he had received the rent on A's account and held it at A's orders, is a relevant fact.
 
 
(f) The question is, whether A and B were legally married.
 
 
The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant.
 
 
(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant.
 
 
(h) The question is, what was the cause of the wreck of a ship.
 
 
A protest made by the Captain, whose attendance cannot be procured, is a relevant fact.
 
 
(i) The question is, whether a given road is a public way.
 
 
A statement by A, a deceased headman of the village, that the road was public, is a relevant fact.
 
 
(j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact.
 
 
(k) The question is, whether A, who is dead, was the father of B.
 
 
A statement by A that B was his son, is a relevant fact.
 
 
(l) The question is, what was the date of the birth of A.
 
 
A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.
 
 
(m) The question is, whether, and when, A and B were married.
 
 
An entry in a memorandum-book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact.
 
 
(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved.
 
 

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Ministry of Law, Justice and Parliamentary Affairs