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[Repealed] |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