CONTENTS
|
Sections |
Particulars |
| |
Preamble |
| PART I |
RELEVANCY OF
FACTS |
|
|
| CHAPTER I |
Preliminary |
| 1 |
Short title,
extent and commencement |
| 2 |
[Repealed] |
| 3 |
Interpretation
clause |
| 4 |
Interpretation
clause (contd.) |
| |
|
| CHAPTER II |
Of the relevancy
of facts |
| 5 |
Evidence may be
given of facts in issue and relevant facts |
| 6 |
Relevancy of
facts forming part of same transaction |
| 7 |
Facts which are
the occasion, cause or effect of facts in issue |
| 8 |
Motive,
preparation and previous or subsequent conduct |
| 9 |
Facts necessary
to explain or introduce relevant facts |
| 10 |
Things said or
done by conspirator in reference to common design |
| 11 |
When facts not
otherwise relevant become relevant |
| 12 |
In suits for
damages facts tending to enable Court to determine amount are relevant |
| 13 |
Facts relevant
when right or custom is in question |
| 14 |
Facts showing
existence of state of mind, or of body or bodily feeling |
| 15 |
Facts bearing on question whether act was accidental or
international |
| 16 |
Existence of
course of business when relevant |
| |
Admissions |
| 17 |
Admission defined
|
| 18 |
Admission by
party to proceeding or his agent by suit or in representative character by party
interested in subject-matter by person from whom interest derived |
| 19 |
Admission by
persons whose position must be proved as against party to suit |
| 20 |
Admissions by
person expressly referred to by party to suit |
| 21 |
Proof of
admissions against persons making them and by or on their behalf |
| 22 |
When oral
admissions as to contents of documents are relevant |
| 23 |
Admissions in
civil cases, when relevant |
| 24 |
Confession caused
by inducement, threat or promise when irrelevant in criminal proceeding |
| 25 |
Confession to
police officer not to be proved |
| 26 |
Confession by
accused while in custody of police not to be proved against him |
| 27 |
How much of
information received from accused may be proved |
| 28 |
Confession made
after removal of impression caused by inducement, threat or promise relevant |
| 29 |
Confession
otherwise relevant not to become irrelevant because of promise of secrecy, etc. |
| 30 |
Consideration of
proved confession affecting person making it and others jointly under trail for same
offence |
| 31 |
Admissions not
conclusive proof, but may be stopped |
| |
Statements by
persons who cannot be called as witnesses |
| 32 |
Cases in which
statement of relevant fact by person who is dead or cannot be found, etc. is relevant |
| 33 |
Relevancy of certain evidence for proving, in subsequent
proceeding, the truth of facts therein stated |
| |
Statements made
under special circumstances |
| 34 |
Entries in books
of account when relevant |
| 35 |
Relevancy of
entry in public record, made in performance of duty |
| 36 |
Relevancy of
statements in maps, charts and plans |
| 37 |
Relevancy of
statement as to fact of public nature, contained in certain Acts or notifications |
| 38 |
Relevancy of
statements as to any law contained in law books |
| 39 |
What evidence to
be given when statement forms part of a conversation, document, book, or series of letters
or papers |
| |
Judgments of
courts of justice, when relevant |
| 40 |
Previous
judgments relevant to bar a second suit or trail |
| 41 |
Relevancy of certain judgments in probate, etc. jurisdiction |
| 42 |
Relevancy and
effect of judgments, orders or decrees, other than those mentioned in Section 41 |
| 43 |
Judgments, etc.
other than those mentioned in Sections 40 to 42, when relevant |
| 44 |
Fraud or collusion in obtaining judgment, or incompetence of
Court, may be proved |
| |
Opinion of third
persons, when relevant |
| 45 |
Opinions of
experts |
| 46 |
Facts bearing
upon opinions of experts |
| 47 |
Opinion as to
handwriting, when relevant |
| 48 |
Opinion as to
existence of right or custom, when relevant |
| 49 |
Opinion as to
usage's, tenets, etc., when relevant |
| 50 |
Opinion on
relationship, when relevant |
| 51 |
Grounds of
opinion, when relevant |
| |
Character when
relevant |
| 52 |
In civil cases,
character to prove conduct imputed irrelevant |
| 53 |
In criminal
cases, previous good character relevant |
| 54 |
Previous bad character not relevant, except in reply |
| 55 |
Character as
affecting damages |
| |
|
| PART II |
ON PROOF |
| |
|
| CHAPTER III |
Facts which need
not be proved |
| 56 |
Facts judicially
noticeable need not be proved |
| 57 |
Facts of which
Court must take judicial notice |
| 58 |
Facts admitted
need not be proved |
| |
|
| CHAPTER IV |
Of oral evidence |
| 59 |
Proof of facts by
oral evidence |
| 60 |
Oral evidence
must be direct |
| |
|
| CHAPTER V |
Of documentary
evidence |
| 61 |
Proof of contents
of documents |
| 62 |
Primary evidence |
| 63 |
Secondary
evidence |
| 64 |
Proof of
documents by primary evidence |
| 65 |
Cases in which
secondary evidence relating to documents may be given |
| 66 |
Rules as to
notice to produce |
| 67 |
Proof of
signature and handwriting of person alleged to have signed or written document produced |
| 68 |
Proof of
execution of document required by law to be attested |
| 69 |
Proof where not
attesting witness found |
| 70 |
Admission of
execution by party to attested document |
| 71 |
Proof when
attesting witness denies the execution |
| 72 |
Proof of document
not required by law to be attested |
| 73 |
Comparison of
signature, writing or seal with others admitted or proved |
| |
Public Documents |
| 74 |
Public documents |
| 75 |
Private documents |
| 76 |
Certified copies
of public documents |
| 77 |
Proof of
documents by production of certified copies |
| 78 |
Proof of other
official documents |
| 79 |
Presumption as to
genuineness of certified copies |
| 80 |
Presumption as to
documents produced as record of evidence |
| 81 |
Presumption as to
Gazetteers newspapers, private Act of Parliament and other documents |
| 82 |
Presumption as to
document admissible in England without proof of seal or signature |
| 83 |
Presumption as to
maps or plans made by authority of Government |
| 84 |
Presumption as to
collections of laws and reports of decisions |
| 85 |
Presumption as to
powers of attorney |
| 86 |
Presumption as to
certified copies of foreign judicial records |
| 87 |
Presumption as to
books, maps and charts |
| 88 |
Presumption as to
telegraphic messages |
| 89 |
Presumption as to
due execution, etc., of document not produced |
| 90 |
Presumption as to
documents thirty years old |
| 90A |
Presumption
Document custody in court |
| |
|
| CHAPTER VI |
Of the exclusion
of oral by documentary evidence |
| 91 |
Evidence of terms
of contracts, grants and other dispositions of property reduced to form of document |
| 92 |
Exclusion of
evidence of oral agreement |
| 93 |
Exclusion of
evidence to explain or amend ambiguous document |
| 94 |
Execution of
evidence against application document to existing facts |
| 95 |
Evidence as to
document unmeaning in reference to existing facts |
| 96 |
Evidence as to
application of language which can apply to one only of several persons |
| 97 |
Evidence as to
application language to one of two set of facts, to neither of which the whole correctly
applies |
| 98 |
Evidence as to
meaning of illegible characters, etc. |
| 99 |
Who may give
evidence of agreement varying terms of document |
| 100 |
Saving of
provisions of Indian Succession Act relating to wills |
| |
|
| PART III |
PRODUCTION AND
EFFECT OF EVIDENCE |
| |
|
| CHAPTER VII |
Of the burden of
proof |
| 101 |
Burden of proof |
| 102 |
On whom burden of
proof lies |
| 103 |
Burden of proof
as to particular fact |
| 104 |
Burden of proving
fact to be proved to make evidence admissible |
| 105 |
Burden of proving
that case of accused comes within exceptions |
| 106 |
Burden of proving
fact especially within knowledge |
| 107 |
Burden of proving
death of person know to have been alive within thirty years |
| 108 |
Burden of proving
that person is alive who has not been heard of for seven years |
| 109 |
Burden of proof
as to relationship in the cases of partners, landlords and tenant, principal and agent |
| 110 |
Burden of proof
as to ownership |
| 111 |
Proof of good
faith in transaction where one party |
| 111A |
Presumption as to
certain offences |
| 112 |
Birth during
marriage, conclusive proof of legitimacy |
| 113 |
Proof of cession
of territory |
| 113A |
Presumption as to
abutment of suicide by a married women |
| 113B |
Presumption as to
dowry death |
| 114 |
Court may presume
existence of certain facts |
| 114A |
Presumption as to
absence of consent in certain prosecutions for rape |
| |
|
| CHAPTER VIII |
Estoppel |
| 115 |
Estoppel |
| 116 |
Estoppel of
tenant and of licensee of person in communications |
| 117 |
Estoppel of
acceptor of bill of exchange, bailee or licensee |
| |
|
| CHAPTER IX |
Of witnesses |
| 118 |
Who may testify |
| 119 |
Dumb witness |
| 120 |
Parties to civil
suit and their wives or husband-Husband or wife of person under criminal trial |
| 121 |
Judges and
Magistrates |
| 122 |
Communications
during marriage |
| 123 |
Evidence as to
affairs of State |
| 124 |
Official
communications |
| 125 |
Information as to
commission of offences |
| 126 |
Professional
communications |
| 127 |
Section 126 to
apply to interpreters, etc. |
| 128 |
Privilege not
waived by volunteering evidence |
| 129 |
Confidential
communications with legal advisers |
| 130 |
Production of
title-deeds of witness not party |
| 131 |
Production of
documents which another person, having possession, could refuse to produce |
| 132 |
Witness not
excused from answering on ground that answer will criminate |
| 133 |
Accomplice |
| 134 |
Number of
witnesses |
| |
|
| CHAPTER X |
Of the
examination of witnesses |
| 135 |
Order of
production and examination of witnesses |
| 136 |
Judge to decide
as to admissibility of evidence |
| 137 |
Examination-in-chief
|
| 138 |
Order of
examinations |
| 139 |
Cross-examination
of person called to produce a document |
| 140 |
Witnesses to
character |
| 141 |
Leading questions
|
| 142 |
When they may not
be asked |
| 143 |
When they may be
asked |
| 144 |
Evidence as to
matters in writing |
| 145 |
Cross-examination
as to previous statements in writing |
| 146 |
Questions lawful
in cross-examination |
| 147 |
When witness to
be compelled to answer |
| 148 |
Court to decide
when question shall be asked and when witness compelled to answer |
| 149 |
Question not to
be asked without reasonable grounds |
| 150 |
Procedure of
Court in case of question being asked without reasonable grounds |
| 151 |
Indecent and
scandalous questions |
| 152 |
Questions
intended to insult or annoy |
| 153 |
Exclusion of
evidence to contradict answer to questions testing veracity |
| 154 |
Question by party
to his own witness |
| 155 |
Impeaching credit
of witness |
| 156 |
Questions tending
to corroborate evidence of relevant fact, admissible |
| 157 |
Former statements
of witness may be proved to corroborate later testimony as to same fact |
| 158 |
What matters may
be proved in connection with proved statement relevant under section 32 or 33 |
| 159 |
Refreshing memory
-When witness may use copy of document to refresh memory |
| 160 |
Testimony to
facts stated in document mentioned in Section 159 |
| 161 |
Right of adverse
party as to writing used to refresh memory |
| 162 |
Production of
documents -Translation of documents |
| 163 |
Giving, as
evidence of document called for and produced on notice |
| 164 |
Using, as
evidence, of document, production of which was refused on notice |
| 165 |
Judge's power to
put questions or order production |
| 166 |
Power of jury or
assessors to put questions |
| |
|
| CHAPTER XI |
Of improper
admission and rejection of evidence |
| 167 |
No new trail for
improper admission or rejection of evidence |
| |
|
| |
The Schedule.
[Repealed]. |