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CONTENTS |
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Sections |
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[Repealed] |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
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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
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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]. |
