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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Declaration Against the Interest of the Maker (Section 26(c))
1. Basic Principle of Section 26(c)Under Section 26(c) of the Bharatiya Sakshya Adhiniyam, the law provides that:
A statement made by a person who is dead or unavailable is relevant if it is against his own interest, i.e., it:
2. Underlying Principle👉 A person would not normally make a statement against his own interest unless it is true.
3. Essential Conditions (Note Form)For admissibility under Section 26(c):
4. Types of Interests Covered
5. Illustration from Case LawIn Bhim Singh v Kan Singh:
6. Correlation with Section 19 (Important Note)Section 19 (Self-Serving Statements)
Exception via Section 26(c)
7. Evidentiary Value
8. Key Legal Principle👉 A declaration against interest is admissible because it is unlikely that a person would falsely make a statement detrimental to himself.
9. Purpose of Section 26(c)
10. Key Takeaways
One-Line Summary👉 Statements made by an unavailable person against his own pecuniary, proprietary, or legal interest are relevant and considered reliable evidence.
1. Basic Principle of Section 26(c)Under Section 26(c) of the Bharatiya Sakshya Adhiniyam, the law provides that:
A statement made by a person who is dead or unavailable is relevant if it is against his own interest, i.e., it:
- Affects his pecuniary or proprietary interest, OR
- Exposes him to civil or criminal liability
2. Underlying Principle👉 A person would not normally make a statement against his own interest unless it is true.
- Such statements are considered:
- Trustworthy and reliable
3. Essential Conditions (Note Form)For admissibility under Section 26(c):
- ✔ Unavailability of Maker
- Person must be:
- Dead or cannot be found
- Person must be:
- ✔ Personal Knowledge
- Maker must have:
- Direct knowledge of the facts
- Maker must have:
- ✔ Statement Against Interest
- Must:
- Harm his own:
- Financial (pecuniary) interest
- Property (proprietary) interest
- Legal position (civil/criminal liability)
- Harm his own:
- Must:
- ✔ Awareness
- Maker must:
- Know that statement is against his interest
- Maker must:
4. Types of Interests Covered
- Pecuniary Interest
- Financial loss or liability
- Proprietary Interest
- Ownership or property rights
- Legal Liability
- Exposure to:
- Civil or criminal consequences
- Exposure to:
5. Illustration from Case LawIn Bhim Singh v Kan Singh:
- Deceased admitted:
- Property was purchased in another’s name
- Intended to make him real owner
- Statement was:
- ✔ Against proprietary interest
- ✔ Therefore relevant evidence
6. Correlation with Section 19 (Important Note)Section 19 (Self-Serving Statements)
- Generally:
- ❌ Not admissible in favour of maker
Exception via Section 26(c)
- If statement:
- Is against interest
- ✔ Admissible:
- In favour of:
- Maker
- Representative
- Third parties
- In favour of:
7. Evidentiary Value
- ✔ Treated as:
- Substantive evidence
- It carries:
- Inherent reliability
8. Key Legal Principle👉 A declaration against interest is admissible because it is unlikely that a person would falsely make a statement detrimental to himself.
9. Purpose of Section 26(c)
- Recognizes:
- Statements made under:
- Natural human conduct
- Statements made under:
- Provides:
- Reliable evidence when:
- Maker is unavailable
- Reliable evidence when:
10. Key Takeaways
- Section 26(c) deals with:
- Statements against interest
- Conditions:
- Personal knowledge
- Awareness of prejudice
- Value:
- ✔ Highly reliable
- ✔ Substantive evidence
One-Line Summary👉 Statements made by an unavailable person against his own pecuniary, proprietary, or legal interest are relevant and considered reliable evidence.
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