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The Indian Evidence Act, 1872
[Act, No. 1 of 1872]^1 [15th March, 1872]
PREAMBLE
WHEREAS it is expedient to consolidate, define and amend the law of Evidence, it is hereby enacted as follows:-
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- The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, section 3 and Schedule., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schedule 1 (w.e.f. 1-7-1965) and to the whole of Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, section 3 and Schedule 1. The Act has been amended in West Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979.
Part: 1 - RELEVANCY OF FACTS
Chapter 1 - PRELIMINARY
Section 1 - Short title, extent and Commencement
This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India^1 [except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts- martial,^2 [other than Court-martial convened under the Army Act] (44 & 45 Vict., c. 58)^3 [the Naval Discipline Act (29 & 30 Vict., c. 109) or 4 [***] the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act] (7 Gco. 5, c. 51) but not to affidavits presented to any Court or Officer, not to^7 proceedings before an arbitrator; And it shall come into force on the first day of September, 1872.
- Substituted by Act 3 of 1951, section 3 and Schedule, for "except Part B States".
- Inserted by Act 18 of 1919, section 2 and Schedule I. See section 127 of the Army Act (44 and 45 Vict., c. 58).
- Inserted by Act 35 of 1934, section 2 and Schedule.
- The words "that Act as modified by" omitted by the A.O. 1950.
See now the Navy Act 1957 (64 of 1957)
Inserted by Act 10 of 1927, section 2 and Schedule I.
As to Practice relating to affidavits, see, the Code of Civil Procedure, 1908 (Act 5 of 1908), section 30 (c) and Schedule 1, Order XIX. See also the Code of Criminal Procedure, 1973 (Act 2 of 1974), sections 295 and 297.
Section 2 - Repeal of enactments
[Rep. by the Repealing Act, 1938 (1 of 1938) section 2 and Schedule]
Section 3 - Interpretation clause
In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:- "Court".-Court" includes all Judges^1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence.
"Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.
Illustrations
(a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue".-The expression "facts in issue" means and includes--any fact from which, either by itself or in connection with other facts, the existence, non- existence, nature or extent of any right, liability, or disability asserted or denied in any suit or proceeding, necessarily follows. Explanation:-Whenever, under the provisions of the law for the time being in force relating to Civil Procedure,^3 any Court records an issue of fact, the fact, to be asserted or denied in the answer to such issue is a fact in issue.
(^7) ["India".-"India" means the territory of India excluding the State of Jammu and Kashmir.] (^8) [the expressions "Certifying Authority", "digital signature", "Digital Signature Certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the Information Technology Act, 2000.]
- Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), section 2, the Indian Penal Code (Act 45 of 1860), section 19; and, for a definition of "District Judge", the General Clauses Act, 1897 (10 of 1897), section 3 (17).
- Cf. the General Clauses Act, 1897 (10 of 1897), section 3 (32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974).
- See now the Code of Civil Procedure, 1908 (5 of 1908) as to the settlement of issues, See Schedule I, Order XIV.
- Cf. the Indian Penal Code (Act 45 of 1860), section 29 and the General Clauses Act, 1897 ( of 1897), section 3 (18).
- Cf. definition of "writing in the General Clauses Act, 1897 (10 of 1897), section 3 (65).
- Substituted by Act 21 of 2000, section 92 and Schedule II, for "all documents produced for the inspection of the Court." (w.e.f. 17-10-2000).
- Substituted by Act 3 of 1951, section 3 and Schedule, for the definition of "State" and "States", which was inserted by the A.O. 1950.
- Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000).
Section 4 - " May presume " Whenever it is proved by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. "Shall presume".—whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. "Conclusive proof.—When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
Chapter 2 - OF THE RELEVANCY OF FACTS
Section 5 - Evidence may be given of facts in issue and relevant facts
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.-This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure^1.
Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:-
A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.
- See now the Code of Civil Procedure, 1908 (5 of 1908)
Section 6 - Relevancy of facts forming part of same transaction
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.
- Substituted by the A.O. 1950, for "Queen".
Section 7 - Facts which are the occasion, cause or effect of facts in issue
Facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate, that he consulted vakils in reference to making the will, and that he caused drafts or other wills to be prepared of which he did not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A's presence--"the police are coming to look for the man who robbed B", and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B Rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A's presence and hearing--"I advise you not to trust A, for he owes B10,000 Rupees", and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of properly acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstance under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant, as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
Section 9 - Facts necessary to explain or introduce relevant facts
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libelous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8 as conduct subsequent to and affected by facts in issue. The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant, as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of service made by him with A.C., on leaving A's service, says to A--"I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.
The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime.
The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by none else and that it was not committed by either B, C or D is relevant.
Section 12 - In suits for damages, facts tending to enable Court to determine amount are relevant
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.
Section 13 - Facts relevant when right or custom is in question
Where the question is as to the existence of any right or custom, the following facts are relevant:— (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted or departed from.
Illustration
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours are relevant facts.
Section 14 - Facts showing existence of state of mind, or of body or bodily feeling
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. (^1) [Explanation 1.-A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.-But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning
of this section, the previous conviction of such person shall also be a relevant fact.]
Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be stolen. (^2) [(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.] (c) A sues B for damage done by a dog of B's which B knew to be ferocious.
The facts that the dog had previously bitten X, Y, and Z, and that they had made complaints to B, are relevant. (d) The question is whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.
The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor.
A's defence is that B's contract was with C.
The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crime of that class is irrelevant
- Substituted by Act 3 of 1891, section 1, for the original Explanation.
- Substituted by Act 3 of 1891, section 1, for Illustration (b).
Section 15 - Facts bearing on question whether act was accidental or intentional
When there is a question whether an act was accidental or intentional,^1 [or done with a particular knowledge or intention, ] the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
Illustrations
(a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental. (b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional.
The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit rupee. The question is, whether the delivery of the rupee was accidental.
The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B, was not accidental.
- Inserted by Act 3 of 1891, section 2.
Section 16 - Existence of course of business when relevant
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The fact that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.
Section 17 to 31 - Admissions
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The fact that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.
Section 17 - Admission defined
An admission is a statement,^1 [oral or documentary or contained in electronic form ], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
- Substituted by Act 21 of 2000, section 92 and Schedule II, for "oral or documentary" (w.e.f. 17-10-2000).
Section 18 - Admission by party to proceeding or his agent by suitor in representative character
Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character.— Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by— (1) party interested in subject-matter.—persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or
(3) An admission may be proved by on behalf of the person making it, if it is relevant otherwise than as an admission.
Illustrations
(a) The question between A and B is, whether a certain deed is or is not forged, A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
(b) A, the Captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating mat the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause (2). (c) A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section 32, clause (2). (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skillful person to examine the coin as he doubted whether it was counterfeit or not, and that the person did examine it and told him it was genuine. A may prove these facts for the reasons stated in the last preceding illustration.
Section 22 - When oral admissions as to contents of documents are relevant
Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.
Section 22A - When oral admission as to contents of electronic records are relevant (^1) [22A. When oral admission as to contents of electronic records are relevant
Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.
- Inserted by Act 21 of 2000, section 92 and ScheduleII (w.e.f. 17-10-2000).
Section 23 - Admissions in civil cases, when relevant
In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.
Section 24 - Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise^1 , having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
- For prohibition of such inducement, etc., see the Code of Criminal Procedure, 1973 (2 of 1974), section 316.
Section 25 - Confession to police officer not to be proved
No confession made to a police officer^1 , shall be proved as against a person accused of any offence.
- As to statements made to a police officer investigating a case, see the Code of Criminal Procedure, 1973 (2 of 1974), section 162.
Section 26 - Confession by accused while in custody of police not to be proved against him
No confession made by any person whilst the is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate^1 , shall be proved as against such person.
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said--"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said--"A and I murdered C ". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
- Inserted by Act 3 of 1891, section 4.
Section 31 - Admissions not conclusive proof, but may estop
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.
Section 32 to 33 - Statements by persons who cannot be called as witnesses
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.
Section 32 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.
Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.
(3) or against interest of maker.-When the statement is against the pecuniary or proprietary interest of the person making it or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages. (4) or gives opinion as to public right or custom, or matters of general interests.-When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen. (5) or relates to existence of relationship.-When the statement relates to the existence of any relationship 1 [by blood, marriage or adoption] between persons as to whose relationship 1 [by blood, marriage or adoption] the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. (6) or is made in will or deed relating to family affairs.-When the statement relates to the existence of any relationship 1 [by blood, marriage or adoption] between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait, or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised. (7) or is document relating to transaction mentioned in section 13, clause (a).- When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause (a). (8) or is made by several persons and expresses feelings relevant to matter in question.-When the statement was made by a number of persons, and expressed feelings or impressions on their pan 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.
