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Neil Paul   08 July 2021

Subject Query

Whether an opinion of a dead person as to relationship of one person to another is admissible either under section 32(5) or 50 Indian Evidence Act 1872?


 1 Replies

BHAVYA SOM GARG   16 July 2021

According to your query, I wish to tell you that as per Section 32(5) of the Indian Evidence Act, 1872, an opinion of a dead person or a person who cannot be found, or who has become incapable of giving evidence is a relevant fact when it relates to the existence of a relationship between two persons if he had the special means of knowledge to know the fact and made the statement before such dispute was raised. But it must be noted here that such a statement is only a relevant fact, which may or may not be admissible in the court of law, as the relevancy of a fact and it’s admissibility are two separate aspects and cannot be considered as similar. Hope your query is satisfied.

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