The "Unseen" Section 32(7) of the Evidence Act

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When I interned with a pro bono organization, I was working on a case where the plaintiff couldn't recall the exact dates of an incident. The lawyer mentioned Section 32(7) of the Evidence Act, which states that if a witness can't remember a fact due to natural infirmity, illness, or disease, the Court can still consider his testimony. But here's the thing: the textbooks never mentioned this section. It was only when I interacted with real lawyers that I learned about it. It's a crucial provision because sometimes witnesses, especially those from rural areas, may not be able to recall dates or events due to various reasons. This section empowers them to still provide valuable testimony.

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Ravi ยท Law Student

Yaar! You're absolutely right, Section 32(7) of the Evidence Act is a game-changer. It deals with the admissibility of statements made by a person who, at the material time, was so mentally incapable of understanding the nature or consequences of his statements that it would be unsafe to rely on them. We must consider this while evaluating the credibility of witnesses in a court of law.