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CH Ii:-Statements Made Under Special Circumstances: Public or Official Records Electronic Records

The document outlines various sections (28 to 32) regarding the relevance of statements made under special circumstances in legal contexts. It specifies conditions under which entries in account books, public records, maps, public nature statements, and law books are considered relevant evidence in court. Each section emphasizes the necessity of additional evidence or official status to support the relevance of such statements.

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646 views1 page

CH Ii:-Statements Made Under Special Circumstances: Public or Official Records Electronic Records

The document outlines various sections (28 to 32) regarding the relevance of statements made under special circumstances in legal contexts. It specifies conditions under which entries in account books, public records, maps, public nature statements, and law books are considered relevant evidence in court. Each section emphasizes the necessity of additional evidence or official status to support the relevance of such statements.

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mayurmill12
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CH II:- STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES-(Sections 28 to 32)

❖ SECTION 28 – ENTRIES IN BOOKS OF ACCOUNT WHEN RELEVANT


➢ Entries in account books are relevant if they are:
• Regularly maintained in the course of business, and
• Related to a matter the Court has to inquire into.
This also applies to electronic records like computerised accounting systems.
→ However, such entries alone are not enough to prove someone’s liability.
→ They must be supported by additional evidence.
ILLUSTRATION: If A sues B for ₹1000, and shows account book entries that B owes him, the Court will
consider those entries, But A must also bring other evidence (like a receipt or witness) to actually prove the debt.

❖ SECTION 29 – RELEVANCY OF ENTRY IN PUBLIC RECORD OR ELECTRONIC


RECORD MADE IN PERFORMANCE OF DUTY
➢ This section talks about entries made in:
• Public or official records (books, registers, etc.), OR..
• Electronic records (online databases, government portals),
THESE ENTRIES MUST BE MADE BY:
▪ Public servants doing their official duty, OR Any person performing a legal duty under law.
Such entries are relevant facts in court if they mention a fact in issue or a relevant fact.
→ These entries are considered trustworthy because they are made during the performance of legal duty.

❖ SECTION 30 – RELEVANCY OF STATEMENTS IN MAPS, CHARTS AND PLANS


➢ Statements or facts mentioned in:
• Published maps or charts sold to the public, OR
• Maps/plans made by government authorities,…………….are relevant facts.
These are used to prove geographical, territorial, or layout-related facts, like boundaries,
locations, roads, rivers, etc.
Example: If a government map shows that a road exists between two villages, that statement is relevant.

❖ SECTION 31 – RELEVANCY OF STATEMENT AS TO FACT OF PUBLIC NATURE


CONTAINED IN CERTAIN ACTS OR NOTIFICATIONS
When the Court has to decide a fact of public nature (like existence of a festival, declaration of
holiday, or public emergency),
Any statement about that fact in the following is relevant: Central/State Acts,
Government Notifications, Official Gazette (printed or digital/electronic form).
This helps the Court easily verify public facts using official documents.

❖ SECTION 32 – RELEVANCY OF STATEMENTS AS TO ANY LAW CONTAINED IN


LAW BOOKS INCLUDING ELECTRONIC OR DIGITAL FORM
When the Court has to decide what the law of a foreign country or even Indian law says, the
following are considered relevant:
• Books that contain the law, and Law reports that include court rulings or judgments,
if such books are:--------- Officially published by the Govt., or Trusted legal sources,
including electronic/digital formats.
This allows the Court to rely on authentic legal texts and judgments when interpreting the law.

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