STATEMENT BY PERSONS WHO
CANNOT BE CALLED AS WITNESSES
Section 26 outlines circumstances under which statements by persons who are unavailable (due to
death, absence, incapacity, etc.) can be considered relevant evidence in a court of law. The section
is structured to ensure that such statements are admitted only when they bear sufficient indicia of
reliability and relevance. Below is an interpretation of its provisions:
Key Principles
Statements made by individuals who:
Are deceased,
Cannot be found,
Are incapable of giving evidence (e.g., due to mental or physical incapacity),
Cannot attend without unreasonable delay or expense,
are admissible as evidence in certain specific situations.
Cases of Relevance
Statements are deemed relevant if they fall under one of the following categories:
1. Statements About Cause of Death
o Scope: Any statement describing the cause or circumstances of a person's death,
provided the death is in question.
o Not restricted to “dying declarations”: The statement remains relevant irrespective
of whether the person making it expected to die.
o Applicability: All types of proceedings where the cause of death is in issue.
2. Statements in Ordinary Course of Business
o Includes entries, memoranda, or communications made in:
Regular business activities,
Professional duties,
Records of transactions (e.g., receipts, acknowledgments).
3. Statements Against Self-Interest
, o Statements that negatively affect the declarant's financial or property interests, or
expose them to:
Criminal liability,
Legal claims for damages.
4. Opinions on Public Rights or Customs
o Statements on offering insights into public rights, customs, or general matters of
interest.
o Condition: Must have been made before any disputes arose on the matter.
5. Statements About Relationships
o Relevant when they involve:
Blood, marriage, or adoption relationships.
Declarations made with specific knowledge (e.g., family records).
Statements included in family-related documents, such as wills etc. or family
pedigrees.
6. Statements in Property Transactions
o Includes documents like deeds or wills concerning property-related dealings.
7. Statements of Collective Impressions
o When a statement reflects the general feelings or opinions of a group of persons
about a matter under consideration.
Illustrations of Relevance
The section provides examples to clarify its applicability:
Cause of Death: A person’s statement about their injuries or events leading to their death is
admissible in murder, rape, or wrongful death cases.
Ordinary Course of Business:
o A doctor’s diary noting a birth.
o A solicitor’s entry about a meeting.
o A merchant’s letter about the sailing of a ship.
Family Matters:
o A deceased clergyman’s record of a marriage.
CANNOT BE CALLED AS WITNESSES
Section 26 outlines circumstances under which statements by persons who are unavailable (due to
death, absence, incapacity, etc.) can be considered relevant evidence in a court of law. The section
is structured to ensure that such statements are admitted only when they bear sufficient indicia of
reliability and relevance. Below is an interpretation of its provisions:
Key Principles
Statements made by individuals who:
Are deceased,
Cannot be found,
Are incapable of giving evidence (e.g., due to mental or physical incapacity),
Cannot attend without unreasonable delay or expense,
are admissible as evidence in certain specific situations.
Cases of Relevance
Statements are deemed relevant if they fall under one of the following categories:
1. Statements About Cause of Death
o Scope: Any statement describing the cause or circumstances of a person's death,
provided the death is in question.
o Not restricted to “dying declarations”: The statement remains relevant irrespective
of whether the person making it expected to die.
o Applicability: All types of proceedings where the cause of death is in issue.
2. Statements in Ordinary Course of Business
o Includes entries, memoranda, or communications made in:
Regular business activities,
Professional duties,
Records of transactions (e.g., receipts, acknowledgments).
3. Statements Against Self-Interest
, o Statements that negatively affect the declarant's financial or property interests, or
expose them to:
Criminal liability,
Legal claims for damages.
4. Opinions on Public Rights or Customs
o Statements on offering insights into public rights, customs, or general matters of
interest.
o Condition: Must have been made before any disputes arose on the matter.
5. Statements About Relationships
o Relevant when they involve:
Blood, marriage, or adoption relationships.
Declarations made with specific knowledge (e.g., family records).
Statements included in family-related documents, such as wills etc. or family
pedigrees.
6. Statements in Property Transactions
o Includes documents like deeds or wills concerning property-related dealings.
7. Statements of Collective Impressions
o When a statement reflects the general feelings or opinions of a group of persons
about a matter under consideration.
Illustrations of Relevance
The section provides examples to clarify its applicability:
Cause of Death: A person’s statement about their injuries or events leading to their death is
admissible in murder, rape, or wrongful death cases.
Ordinary Course of Business:
o A doctor’s diary noting a birth.
o A solicitor’s entry about a meeting.
o A merchant’s letter about the sailing of a ship.
Family Matters:
o A deceased clergyman’s record of a marriage.
