Section 32(3) of the Indian Evidence Act, 1872 – Statements against interest of maker:
When the statement—
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(a) Is against the pecuniary or proprietary interest of the person making it, or
(b) Would, if true, expose him to a criminal prosecution or suit for damages,
Such a statement is itself relevant.
Illustration: (i) The question is, whether rent was paid to A for certain land.
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A letter from A’s deceased agent to A, saying that he had received the rent on A’s account and held it at A’s orders, is a relevant fact.
(ii) The question is, whether A and В were legally married.
The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant.
This section is based on the ground that what a person says against his own interests is very likely to be true. The principle underlying the admissibility of such a statement is that in the ordinary course of business, a person is not likely to make a statement to his own detriment, unless such statement is true.
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Under the English law, such statements are admissible against third parties only if they are against their pecuniary or proprietary interest. In India, such a restriction does not exist.
It has been held that a statement made by a deceased in a deed, to the effect that he is governed by the Mitakshara law, is against his proprietary interest, because such a statement implies that he is not the sole and absolute owner of the property. (Sukdeb v. Mritunjoy, 43 CWN 395)