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THE INDIAN EVIDENCE ACT, 1872~

CONT'ENT
-Preamble. ~.'1

S.

Part I.
RELEVANCY OF }'ACl'S.
CHAPTER I~-PRELIMINARY,

SJiJCTION.

1. 2. 3,
Lt.

Short title, Extent, Commencement of Act. nepeal of enactments. Interpretation-clause.

" May presume." " Shall presume."

CHAPTER II.-OF

"Conclusive proof." THE RELEVANCY OF F~CTS.

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5. Evidence may be given of facts in issue and relevant facts. 6. Relevancyof facts forming part of same transaction. 7. Facts which are occasion,cause,or effectof facts in issue. 8. Motive, preparation and previousor subsequent'conduct. 9. Facts necessaryto explain or introduce relevant facts. 10. Things' said or done by conspiratorin referenceto com~
11. 12. 13. 14.
'1,.-

15.
~

When facts not otherWise relevant become l'eleyant. In suits for damages, facts tending to ena'hle Court to determine amount are relevant. Facts relevant when right or custom is in question. Facts showing existence of state of mind, or of body or bodily feeling. Facts bearing on question whether act was accidental or

mondesign.

'

'

intentional.

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16.

Existence of' COurseof business, when relevant.

ADMISSIONS.

17. "Admission defined. 18. Admission,

by party to proceedingor his agent; by suitor in representative charactel';'

by party interested in subject-matter; by person from whom interest derived. 19.
AdmissionES

[Price one,l'M}Jee'three atl/ttas(Utathree .pies. ]

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SEC'l'ION.
.I-~-

19~ Admissions by persons whose position must be proved

as against party to suit.

20. 21.
'.

22. 23. 24. 25. 26. 27.

Admissions by persons expressly referred to by party .to suit. Proof of admissions against persons making them, and by - or on their behalf. . When oral admissions ~s to contents of documents are

relevant.

Admissions in civil cases, when relevant. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. Confession to Police officer-not to be proved. Confession by accused while in custody of Police not to

'j,

be pr.'wedagainst him,

How much of information received from accused, mty be ,"proved. 28. Confession made after removal of impression caused by -' inducement, th~eat or promise, relevant, 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, &c. SO. Consideration of proved confession affecting person mak. ing it and others jointly under trial for same offence. S1. Admissions not conclusive proof, but may estop.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES.

32.

.:)u,

;);)

Cases in which statement of relevant fact by perSOllwho is dead or cannot be found, &c., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; .or gives opinion as to public right or custom, or , matters of general ihterest ; or relates to ~xist~nce of relationship; " or is made in will or deed relating to family affairs ;,or in document relating to transaction mentionetl' - in section 13, clause (a) ; or is made by several persons, and expresses feelings. relevant to matter in question. Helevancy of certain evidence for proving, in subso.. quent proceeding, the truth of facts therein stated.
;

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STATEMENTS 1vIADEUNDER SPECIAL CIRCUMSTANCES.

Entries ill books of account when relevant. Helevancyof entry in public record) made in performance of duty. 36. Relevancy of statements in maps, chal'ts and plans, ;37. Itelevancy of statement as to fact of' public nature) con~ t.ained in certain Acts or notifications. 38. I-televann~

34. 35,

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8 ECT'ION. :38. Rdevilllcy of statements as to a,llY low eontained in law-books.

How MUCH OF, A STATEMENT IS TO BE PROVED.

;3U. What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers.
-r I JUDGMENTS OF COURTS OF JUSTICE, WHEN RELEVANT.

Previous judgments "relevant to bar a second suit, or trial. ,1.1. Relevancy of, certain judgments in p}'obate, &c., jurisdiction. .. 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in "section 41. ,t3. Judgments, &c., other than those mentioned insectiol1s 40-42, when relevant. 44. Fraud or collusion in, obtaining judgment, or incompetency of Court, may be pr9ved.
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40.

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OPINIONS OF THIRD PERSONS,' WHEN RELEVAltr.

45. 46. 47. 48.

49. 50. Gl.

Opinions of experts. Facts bearing upon opinions of experts. Opinion as to handwriting, when relevant. Opinion as to existence of right or custom, relevant. Opinions as to usages, tenets, &c~ when relevant. Opinion 011relationship, when relevant. Grounds of opinion, when relevant.
'

when

CHARACTER WHEN RELEVANT.

&2. In
53.
fj4.,

civil cases, du~racter to prove conduct imputed,'"

irrelevant. '
'

In criminal cases, previous good character relevant.

iof

In criminal proceedings previous convict,ion relevant, but not previous had character, except in reply. G[i. Character as affef'.ting damages.

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Part II.
ON PROOF.
CHAPTER lII.-lhcTS WHICH NEED NOT BF;PROVlm.

56. 57. 58. 59. co.

'Fact judicially noticeable need not be proved. }'1actsof ",hich Court must take judicial notice. Fac1;sadmitted need not be proved.
CHAPTER IV.-OF ORAL EVIDENCB.

Proof of facts by oral evidence. Oral evidence must be direct.

CHAPTER V

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-'SECTION.
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IV

CHAPTER
6.].

V.~OF

DOCUMENTARY BVlI}J1:NCK.
.

Proof of contents of documents.

Primary evidence. Secondary evidence. Proof of documents by primary evidence. Cases in which secondary evidence rela~ing to docti~
.

(12. 63, 64. . 65. 67.

ments may be given. . .66. Rules as to notice to produce.

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'Proof of signature and handwriting of person alleged to have signed or written document produced. 68. Proof of execution of document reqllired by law to be atte~\ied. eg, Proof where no attesting witness found. 70, Admission of execution by party to attested document. 71. Proof when attesting witness denies tbe ex.ecution. ..... 79 Proof of document not required by law to be attested. 7a. G)mparison of signature, writing- or seal with others admitted or proved.
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PUBLIC

DOCUMENTS.

74., 75. 76. 77, 78.

Public documents, Private documents, Certified copies of public documents. Proof of documents by production of certified copies.. Proof of other official dOCUmeIlts.
PRESUMFTIONS AS TO DOCUl"IENTS.

79. 80.

Presumption as to genuineness of certified copies. Presumption as to documents produced as. record (if evidence.
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81. Presumption as.to Gazettes, newspapers, private Acts

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 l'eports of

s.

decisions.

85. g6.

Presumption as to powers-or-attorney. Presumption as to certified copies of foreign judicial l'ecords. S7, Presumption as to books) maps and charts.

~8. Presumption as to -telegraphicmessages.

89. Presumption as to due execution, &c., ofd:ocuments not produced.
CHA P'l"EIt Y1 --

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90. Presumption as to documents thirty years old.

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;SItC'l'lON.
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CHAPTER Vr.-OF

THE EXOLUSION OF ORAL BY DOOUMEN'l'AItI EVIDENCE.

,. . " )

91. Evidence of terms of contracts, grants and other disa positions 'ofproperty reduced to form of document. 92. Exclusion of evidenceof oral agreement. 93. Exclusion of evidence to. explain or amend ambiguous. document. 94. Exclusion of evidence against. application of document to existing facts. 95. .Evidence as to document unmeaning in reference to existing facts. 96. Evidence. as to application of la~:gua.gc which can apply to one only of several persons. 97. }~viclcl1ce as to application of language to one of tW(} sets of facts, to neither of which the whole correctly applies. 98. Evidence as to meaning of illegible characters, &c. H9. Who may give evidence of agreement varying terms
of docuxnent.
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!00. Saving of provisions of Indian .lating to wills.

Succession Act rea

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Part III.
PRODUCTION AND EFFECT OF EVIDENCE. CHAPTER VI I.-OF ] 01. 102. 103. 104.. 105.
.~.

THE BURDENOF PROO1<\

Burden of proof. On whom burden of proof lies.. Burden of proof as to particular fact. Burden of proving fact to be proved to make evidence-' admissible. Bu:rdcn of proving that case of accused comes within

106. 107. 108. 109. 110. Ill.

112. 113. 114. Court may presume existence of certain facts.

.

exceptions. . Burden of prQving fact especi::,tlly within knowledge.. Burden of proving death of person known to have been. alive within thirty years. Burden of proving th9.1t person is alive \"ho has not been heard of for seven years. Burden of proof as to relationship in the cases of part~ ners, landlord and tenant, principal and. agent. Burden of proof as to oWnership. Proof of good faith in transactions where one party is j1JJ; ' relation of active confidence.. Birth during marriage, conclusive proof of legitimacy. Proof of cession of territory.

CHAPTER VIII

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VI

::';1':('1101';.
/ I.

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('IIAvrKk,

VlII..-Es'!'OPP11;L,

115.

11G. ]~stoppe] of tenant; fJ,ndof licensee of person in possession. 117. Estoppel of acceptor of bill of exchange, bailee or licensee.
'

,Estoppel.

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CHAPTER IX.--OF "\YITNESSES.

118. 119. 120. 121. 122. 123. 124. 125. 126. 127. ] 28. 129. 130. 131. 132. 133. 134,. 135. 136. 137.
] 38. 139.

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'Vho may testify. Dum h witnesses. Parties to civil suit, and their wives or husbands. H usband or, wife of perSOlllimIer criminal trial,' Judges and Magistrates. Communications during marriage. Evidence as to affairs of State. Official communications. Information as to commission of offences. Professional comnlunications. Section 126 to apply to interpreters, &c. Privilege not waived by volunteering evidence. Confidential communications with legal advisers. Production of title..deeds of witness not a party. Production of documents which another person, hav~ lng possession, could refuse to produce. Vlitness not excused from answering on ground that answer will criminate. Proviso. Accomplice. N umbel' of witnesses.
CHAPTEB, X.-OF TI-IE EXAl\tlINA'rION OF \VITNESSI<:S.

14.0. 141. 14.2. 143. 144. 14,5. 146. J 47. 148,

Order of production and examination of witnesses. Judge to decide as to a,dmissibility of evidence. Exa,mination -in-chief. Cross-examination. 11 e-examination. Order of examinations. Direction of re-examjnat)jon. Cross-examination of person called toprodllce a doeu" mcnt. "', ,\Yitnesses to character. I~eading questions. "" \\Then they must not be asked. .. ,~. vVhen they may be asked. :Evidence as to matters in writing. Cross-examination as to previous statements in writing, '" Questions lawful in cross-examination. . " '\Vhell witness to be compelled to answer. Court to decide when question shall be asked and Wh..11 witness compelled to answer,
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14,9,

Questio'u

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Si!:CTION.

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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 answers to questions

testing veracity.
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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 corro~ borate later testimony as to same fact. 158. What matters may be proved in connCt~tion with proved' statement relevant undel' section 32 or 33. 159. Refreshing memory. When witness may use copy of document to refi'esh memory. 160. Testimony to facts. stated in document mentioned in section 159. 161. Right of adverse p9Jl'tyas to writing used to refresh" me= morya 162. Production of documents.
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Translationof 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 assessorsto put questions.

CHAl)TER

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XL-OF

IMPROPER ADMISSION EVIDENOE.

AND REJECTION

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167. No new triaJ for improper admission or I'ejection of evidence. SCHEDuLE.-Enactmentsrepealed.'

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ACT No. I. OF1872QPASSED BY THE GOVERNOR GENERAL. OF INDIA IN COUNCn:.

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(Reaeived

the assent of the Govm'nol' (}.e11,e1'aZ 011,the 15th. Ma1'aft 1872).

The Indian Evidence Act, 1872.

WHEREAS it is expedient to eo~solidater define PreamJA\k, and amend the Law of Evidence; It is hereby enacted as follows ~-

PART' I.
RELEV ANOY OF FACTS.
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CHAPTER I.-PRELIMINARY.

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Act, 1872:" It extends to the whole of British India, .and applies' Extent. to all judicial proceedings in or before any Gourt, including Courts Martial, but not to affidavits present.. ed to any Court or Officer, nor to proceedings before. an arbitrator' ,
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'

1.

This Act may be called' "The Indi~n Eyidencc SllOrl titl0o

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and it shall come into force on the tir$t day of

,September 1872,:

Commence-

". ,ment of A:J. . enactments.

2. , '1'
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On and from that day the following' laws shall Repeal of

. >- be repealed:(1.)

All rules of evidence not contained in any Statute, Act or Regulation in force in any part of British India: (2,) All such rules, la~s' and regulations as liave acquired the force of law under the twenty-fifth section of 'The Indian Councils' Act, 1861,' in so far as they relate to any matter herein provided for, and (3.) The enactments nlentioned in the schedule hereto, to the extent specified in the third COlUllln of the 'said schedule. , But
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EvidertCe.

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But nothing herein contained shall be deeme(l to affect any provision of any Statute, Act or RegulatIon in force in any part of British India and not hereby expressly repealed., "

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I,nterpretabon-clause.
,

In . this Act the followin (Y words'and expressions ' ' b 1 f th II I t are usee In e 0 owIng senses, un ess a con rary ~ 3.
>

"Court."

take eviclence.
U

all persons, except arbItrators, legally authorIzed to

,

intention appears from the context :~ "Cou rt" includes all. Judges and Magistra~es and
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Fact."

"Fact" means and includes(1) any thing, state of things, or relation of things, capable of being perceived by the senses;
conSCIOUS.

(2) .any nlental condition of which any person is

,

Illustrations. I !

(a.) That there are certain objects arranged in a certnin order in a certain place, is a tact. (?) That a man heard or saw something is a fact. (c.) That a man said certain words is a fact. (d.) That a man holds a certain opinion, has a cel'tain intention, acts in good faith, or fraudulently, or uses a lJarticular word
in

a particular sensation, is a fact. (e.) 'rhat a man has a certain l'eputatiOllis a fact.
" HelevanL"

a particuJar sense, or is or was at a specified time conscious of

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One ffJct is said to be relevant to another when the o.ne is connected with the' o.ther in any of the ways referred to. in the provisions o.f this' Act relating to the relevancy of facts.
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"Facts in issue."

The expression" Facts in issue" means and includes~ .

any fact from which, either by itself 0.1'in conJ;lection with other facts, the existence, non-existence, nature, or extent of any right; liability, o.rdisability, asserted or denied in any suit 0.1'proceeding,-neces. .

sarily follows..

E:t']Jlanation.- Whenever, 'under the provisions of the law for the time being in force relating to. Civil Procedure, any Court records an issue of fact, the fact. to be asserted 0.1' denied in the answer to such issue, is a fact in issue.
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I111t8i1'atio..n8~

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1872.j

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BlJidettOe.

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1ll1tstratiO1ts.

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A is accused of the murder of B. At his trial the following facts m.aybe in issue :That A caused B's death; That A intended to cause B's death;, , That A had received grave and sudden provocation frOlilB; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of
knowing its l1~ture.
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"Document" means any matter expressed or de- "Document/'

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sa'ibed upon any substance by means of letters, figures, or marks, or by more than one of thQse means, intended to be used, or which may be ~sed, for the l)urpose of recording that matte.
Illustration8.

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A writing is a document:

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'Vords printed, lithographed or photographed are docume,uts :.

A map or plan is a document: An inscription on a metal plate or stone is a document: A caricatu!'e is a document.
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" Evidence" means and includes,

6.

Evidence:;

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(1) . all stat81nents which the Court permits or requires to be made before it by witnesses, in relation to Inatters of fact under inquiry; such statements are called oral evidence: (2) all documents produced for the inspeci,ion of the Court; such documents are called documentary evidence. A fact is said to be proved when, after considering" Pl'Ovpd:' )- the matters before it, the Court either believes it to exist, or considers its existence so probable: that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. A fact is said to be disproved when, after consider- "Disproved." ing the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of ,the particular case, to act upon the suPt)osition that it does not exist.

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A fact J1

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Evidence.
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[ ACT I

" Not proved:'

" J\[ay " preSUllie.

" Shan " pre. ..

[.;Ulll?

" COl1clusi\'e

proof. "

A fact is said not to be proved when it is neither proved nor disproved. . 4. Whenever it is provided by this Act that the Court may presume a fact, it rnay either regard such fact as proved, unless and until it is disproved, or 111ay call for proof of it : Whenever it is directed by this Act that the Court shall presume a fact, it 'shall regard such fact as i proved, unless and until it is disproved: When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, re~'ard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. 11:
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CHAPTER II. --OF

THE RELEVANCYOF ]'ACTS. or non-existence of ever y fact

Evide~lcernay, 5.
facts 111Issue

Evidence may be given in any suit or proceedm

~e ~{lVel~ of inD' of the existence O.

afld wlevant in issue and of such other facts as are hereInafter detacts. clared to be relevant, and of no others. Explanation.-This section shall not enable any person to give evidence of a fact which he is' disentitled to prove by any provision of the law for t~le time being in force relating to C1\:1 Procedure.
lUttstration.

.1

(a.) A is tried for the mur(lp,. of B by beating' him with a dub with the intention of causing his death. At A's trial the following facts are in issue, A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death.

c- ,

(b.) A suitor 'does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. 'rhis section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with t4e conditions prescribed by the 'Code of Civil Procedure.

Ttelcvancy of 6.~-'acts which, though not in issue, are so conJi.lcls forming nected with part of same . a fact in issue as to form part of the same tTansaetion. transactIon, are relevant, yhether they occurred at the saIne time and place or at different times and places.
l11ustratiO1z8.

12
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Evidence,
llttl18t'J'atiml8.
.

187Z:- J

(a.) A is accused of the murder of B by beating him. Whatever was said, or.done by A or B or the by-standel's at the beating, or so shortly before or after it as to form part of the transaction, is a l;elevantfact. (0,) A isaccl1sedof waging war against the Queen by taking part in an armed insurrection in which property is destroyed, troops are attacked, and gaols are broken open. The occurrence of these facts is relevant, as forming part of the general trans~.

I" action, though A may not have been present at all of them.

(c.) A sues B for a libel contained in a letter forming part of a correspondence. . Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, .we relevant fact~, though they do not contain the libel itself. (d.) 'rhe question is, whether certain glods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

7. Facts which are . . Imme dIa t e or 0th erWlse,

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the occasion, cause, or, effect, Facts which . are occaf 1 t t 0 re evan ~ac s, or l.act s III sion cause
.J!. .J!.

issue, or which constitute the state of things under

7'

or efr~ct .o(
.

w'hich they ,happened, or ~hich afforded an opportunity

for their occurrence or transaction, are relevant.

Illustrations.

factsniIss.!e.

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(a.) The question is, whether A robbed B. The facts that, shol'tly bef91'e the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b.) The question is, whether A murdered B. J\1al'ks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c.) The question is, whether A poisoned B. The state of B's health beforethe symptoms ascribed to poison, and habits of B, kno}Vn to A, which afforded an opportunity for. the administration of poison, are relevant facts.

8. Any fact is relevant which shows or constitutes Motive,prea 11l0tiveor preparation for any fact in issue or relevant pal'a~iOll and ~m~~
~

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fact...

subsequent

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The conduct of any party, or of any agent tQ any conduct. party, to any suit or proc~eding, in reference to such --.' suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against WhO1l1 is the subJect of any proceeding,
'" 1oJ

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E'v'idence.
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[ ACT i

llct.

proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and ,vhetL(;l' it ,vas previous or subsequent thereto. Bxpl(tnC6tio1~ 1.~The word" conduct" in this section does not include statements, unless those stateJllents accompany and explain acts other than state111ents;but this explanation is not to affect the relevancy of'statements under any other section of this -,' "(
.

vant.

Explanation 2.-When the conduct of any rerson is relevant, any statement made to him or in his pre.. sence and hearing, which affects such conduct,. is rele.
..

..

Illustrations. (a.) . A is tried for the murder of B. The faets that A murdered C, that B knew that A had mm'. dered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (v.) A sues B upon a bond for the payment of money. B denies the making of the bond. . The fact that, at the time when the bond was alleged to be ,made, B required money for a particular purpose, is relevant. (c.) .Ais tried for the murder of B by poison. The fact that, before the death of B, A procured poison simi1ar to that which was administered to B, is relevant. (d.) 'rhe question is, whetheI:.a certain document is the will of A. The facts that, not long before the date of the alleged will, A made inquiry into matters to which the l)rovisions of the alleged will relate; that he consulted valdIs in reference tb making the will, ahd that he caused drafts of other wills to be prepared, of which he did not approve, are \'elevant~ (e.) A.is accused of a crime. The facts that, either before, or at the time of, or after the' alleged crime, A provided evidencewhich would tend to give to the facts of the case an appearance favourableto himself, or that . he destroyed 01' concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidencerespecting it, . are relevant.
.

i,

(I)

The questionis, whetherA robbedB.

'rhe facts that, after B was robbed, C said in A's presence, the police are coming to look for the man who robbedB,' and that immediately afterwards A l'an away, are relevant. (g.) 'nie flllcstionis) whether A owes B rupees 10)000. . The 1L}
!t

;~ \ 'J .#P '"

1872.]

Eviclelloe,

The facts that' A asl{edC to lend him money, and that D said to C in A's presence and hearing -' I advise you not to trust A, for he owes B 10,000 rupees,' and tllat A went away without

making any answer,are relevantfacts.

,(n.) The question is, whether A committed a crime. The fact that A absconded after receiving a lett,er warning him that inquiry was being made for the criminal, and the con~ tents of the letter, are relevant. (i.) A is accusedof a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possessionof property or the proceeds of property acquired by the crime, or attempted to concealthings which were or might have been used in committing it, are relevant. (j.) The question is, whether A was ravished. The facts that, shortly after th,e alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The faet that, withc>utmaking a complaint, she saill that she had been ravished is not relevant as conduct under this section, though it may be relevant' . aSR dying declaration under section thirty-two, clause (one), oi' as corroborative evidenceunder section one hundred and ~ftyu seven.
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(.t.) The question is, whether A was robbed. The fact that, soon after the alleged'robbery, he made a complaint relating to the offence, the circumstances under, which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed, without making any, complaint, is not relevant as conduct uuder this section, though it may be relevant' as a dying declaration under section thirty-two, clause (on~);'.01' , as corroborative evidence under section one hundred and fifty- . seven.
9.

'"

Facts necessary to explain or introduce a fact

in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or 'which establish the identity of any thing or person whose' identity is relevant, or fix the time 01' . place at which any fact in' issue or relevant fact, happened, or which show the rela~ion of "parties' ,.by'

Facts neee". sary to explain 01' introduce relevant facts.

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whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

.
. (a.)
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Ilbt8tJ'aNon8.

..

The question is, whether a given document iBt,hc will of A, 'rho '~ ' l .>
.

..

-----.-

EvidenfJe.

..
l AC'l'I

rrhc state of A's property and of his family at the date of the alleged will may be relevant facts. (b.) .A sues B for a libel imputing disgraceful conduct to A; B afHrmsthat the matter alleged to be libellous is true. The position and relations of the parties at the time vvhen the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and,B about a matter
un;;onnected with the alleged tibel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c.)
- The

-\"'.

A is accused of a crime.

fact that, 'soon after the commission of the crime, A

absconded from his house, is relevant, under section eight, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, he had sudden and urgent business at, the place to which he-went, is relevant, as tending to explain the fact that he left home suddenly. The details of the busiIiess on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. -

is l'elev~mtas a fact in issue.

(e.)

(d.) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A'I am leaving you because B has made me a better offer.' This statement is a relevant fact as explanatory of a's conduct, which
'

A, accusedof theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says, as he delivers1t-' A says you are to hide this.' B's statement is relevant as explanatory of a fact which is part of the transaction.'
(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as ex~ ./

pbnatol'Y of the nature of the transaction.

Thiug's saiel or d ()~I(~ h.r

conspirator in reference to
com mOll design.

in reference to their common intention, after the tiIne when such intention was first entertained by anyone of them, is a relevant fact as against each of the persons believed to be so conspiring, as. well for the purpose of proving the existence of tho conspiracy as for the purpose of showing that any such person was a party to it.
111udj'(di~JZ, fA

10. Where there is reasonable ground to believe that two or n101'epersons have conspired together tOI CO111111it an offence or an actionable wrong, any thing' said, done or written by anyone of' such persons

"'-

1'<.

, --v . -.

e,

<-

.
1872,

Evidence.
I lluat'1'ation.

Reasonable ground exists for believing that A has joined -in a

conspiracyto wagewar against the Queen.

:'

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E pub" Iished writings advocating the object in view at Agra, and F transmitted from Delhi to Gat Cabul the money which Chad giving an account of the conspiracy, are each relevant, -both to prove the existence of the conspiracy, and to prove A's ~omplicity in it, although he may have been ignorant of all of them, and although the personsby whom they were done were-strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.
] 1.

",'. '1" collected at Calcutta, and the contents of a letter wl'itten by H

Facts not otherwise relevant are rele~1:an twith any fact in issue
-

(1) if they are inconsistent or relevant fact;

When facts not otherwise relevant become relevant.

(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. IUzlst1'ations.

(a.) The question is, whether A committed a crime' at Cal~ cutta 011a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that, near the time when the crime was commit~ed, A was at a distance from the place where it was committed,
which would render it highly improbable, though not impossible,

that hc committed it, is relevant. (b.) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, H, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. .

amount relevant.

any In suitsfor " fact which will enable . the Court to determine- the lacts ~amages ten dtl1g
0f

12.

In suits in which

damages

are clahned,

d amages

h Wh lCOUg

ht t)0 b e

aware 1 e d IS to enable Courtto de-

termine > am~ant are l'eJevant.

p.

13,

Where.
)7

I. -

,/

~-

- --Evidence.

.
[ ACT I

"'"'-~om is in
~

Fads rele. vant when right or eus.

quesl:wll.

13. Where th~ question is as to the existence of any right or custom, the following facts are relevanteCt. )A.ny transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its
p-xistence :

(b.) Particular instances. in which the right or .-eustomwas. claimed, recognized, or exercised, or in which its exercise was disputed, asserted or departed fronl.
Illustration. The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcileable with the mortgage, particular instances in which A's father 'exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
Facts . show.' mg exIstence of state of mind, or of body or bodily feeling.

14. Facts showing the existence of any state of mind-such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particulal' person, or showing the existence of any state of body or bodily feeling--are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant.
'

Explctludion.-A ence of a relevant ll1atter in question.

fact relevant as showing the existstate of mind must show that it

,

exists, not generally, but ~n reference to the partic111ar

.'
>

'.
'Ii /

Illustl'atiO'll8. (a.) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and aU of the articles of which he was in possession to he stolen.

(b.) A is aecused of fraudulently delivering to another person a piece of counterfeit coin which, at the time when he delivered it) he knew to be counterfeit. The fact that~ at the time of its delivery, A was possessed of

a number of other piecesof counterfeitcoin)is relevant.

(c)~

,
"

IS

~
~

'

------------

1872.J

Evidence.

--,

(c.) A sues B for. damage done by a dog of B's, whleh B knew to be ferocious. The facts that the dog had previously bitten X, Y and Z, and. that they had made complaints to B, are relevant. (d.) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had. accepted other bills drawn in the same manner before they could have been transmitted to him by the '1. payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious perBon, (e.) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A's intention to harm B's reputation by the particular publication in question. . . The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. . (f.) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust 0, who was insolvent, sufferedloss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representatio:" in good faith. (g.) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B'scontract was with C.' .
.

,.;

The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a p()sition to contract with B on C's own account, and not as agent for A. (h.) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim .to i~)is relevant, a~, showing I:} ~

;. ../)
..

-.
1872. J

- Ev'ide?we.
,

(c.) A sues B for damage done by a dog of D's, whieh B knew to be ferocious. The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. (d.) The question is, whether A, the acceptor of 'a bill of
exchange, knew that the name of the payee was fictitious.
.

The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the
'Y

payee if the payee had been a real person, is relevant, a~ show'I

ing that A knew that the payeewasa fictitiousperson"

(e.) A is accused of defaming B by publishing an imputation inten~ed to harm the reputation of B. The fact of previous publications by A respecting B: showing ill-will on the part of A towards B, is relevant, as proving A's intention ~o harm B's reputation by the particular p~lblication in question. . . ':Phefacts that there was no previous qual'rel between A and B, and that A repeated the matter complained of as ~e heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f.) A is sued by B for fraudulently representi~g to B that C' was solvent, whereby B, being induced to trust C, who was
r

..

insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representatio~ in good faith. ,

\ ,~

for A.

(g.) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B'scontract was with C. The fact that A paid C for the work in question is 'relevant, as proving that A did, in good faith, make over to. G', the management of the work in question, so that C was in a position to contract with B on a's own account, and Qotas agent
.

(n.) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notic.e of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the . property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it) is relevant, as showing, .~
eo

/'

,.I

In
.,

Bvidence.
--~-

l AC1':i

;It .

r~-'-'

showing that the fact that A knew of the notice did not disprove A's good faith. (i.) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. (j.) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as

.~~ .."~....
'

" .

showingthe intention of the letters.

(k.) The question is, whether A has been guilty of cruelty
..

/it.

(.

. .') . "
.

!
I

towards B, his wife.' ..: Expressions of their feeling towards each other shortly before

or aft~erthe alleged cruelty, are relevant facts. . (l.) The question is, whether A's death was caus~dby poison. Statements made by A during his illness as to his symptoms, are relevant facts. (m.) The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question, are relevant facts.
'

.
':-'0 "I"" .

.I ,)

.'-

'(~t.) . A sues B for negligence in providing him with a ~'C';t \.', carriage for hire not reasonably fit for use, whereby A was injured! The fact that B's attention was drawn on other occasions to .. . the defect of that particular carriage, is relevant.

The fact that B was habitually negligent about the carria~s which.ht1let to hire, is irrelevant.,? (0.) A is tried 'for the murder of B by intentionally shooting him dead. The fact that A, on other occasions,shot at B is relevant, a's showing his intention to shoot B. The fact that A was in the habit of shooting 'at.people'with intent to murder them, is irrelevant. (p.) A is tried for a crime.
I

I.

,..r

The' ;fact that he' said something indicating an intention to ' committ~at particular crime, is relevant.
. The'

fact that he said something indicating a general dis-

~.

position to commit crimes of that class, is irl'elevant.

w11ether act was accidental 01' intentional.

:Factsbearing on qnestion

was accidental or intentional, the fact that such act fornled, part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
Ith6tJtrat~on~. ' 20 .

15. When there is a question whether an act

..

. .

'i

---

r.

- ----------

1872,

Evidence.

Illustrations, (a.) A is accused of burning down his house in' order to obtain money for,which it is insured. The facts that A lived in several houses successively,' each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different iJ?surance office, are relevant, as tending to show that the fires \"V"ere not accidental.: (0).
}

A is employed to receive money from the debtors of B.

T It is A's duty to make entries in a book showing the amounts

l'eceived by him. He makes an entry showing that on a particular occasion he received less than he really diel receive. The question is, whether this false entry was accidental or intentional. The facts that 'other entries made by A in the saIlle book are false, and that the false entry is in each case in favour of A, are relevant. (c.) A is accused of fraudulently delivering to B. R. counter~
.
.

feit rupee.

dental.

The question is, whether the delivery of the rup,ee was acci-

The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are l'elevant, as . showing that the delivery to B was not accidental.

16. When there is a question whether a parti:' course Existenc?of . of 1 d h f f t eu ar act was one, t e eXIs ence 0 any cop.rse 0 busillOi'S
.business, according to which it naturally Illu8trations, (a,) The question is, whether a pal,ticular letter' was despatched. ' .
,

would have Whelll'ele-

been done, is a relevant fact.

'vant,

The facts that it was the ordinary course of business for all

) /
~

letters put in a certain place to be carried to the post, and that that particular letter was put in that place, are relevant. (0.) The question is, whether a Jparticular letter. reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office,are relevant. .
ADMISSIONS.

17. An admission is a statement, oral or docu- Admission' mentary, which suggests any inference as to any fact defined. in issue or relevant fact, and. which is made by any of the persons, and under the CIrcumstances, hereinafter mentioned. lB. Statclnents

./

:ll

Evidence.
_A'-..

LAC'l'

by party to in 0', or by. 'an proceeduwor b r -~... his agent~ Court regards,
...

Admi:5sion-

18.

Statenlents made by a party to the proceedaO'ent to an y such Part y whon1 the b . '
.

ullder

the

cIrcumstances

of the case,

as expresdy or impliedly authorized by him to make them, are admissions. by suitor in. State1!lents ll1ade by parties to suits, suing or sued repl'esentati ve 0harac- in a representative character, are not admissions, unless tCl' ; they were made while the. party making them held that character. Staten1ents made byby pal'~Y persons any proprietary or pecuniary . th who . have ' tere::;ted IJlin- . (1) t b t tt f thd t I>ubject.mat.In eres In e su ~ec -m~ er ~ e procee lng, an d
. .

tel';
.

who lTIake the statement 111 theIr character of persons

so interested, or

by perso Il frolll whum ill tel'cst de. riyctl.

'.

Admissions hy persons wbose position must be proved as against party lo ::,uit.

(2) persons frOln whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the CODtinuance of the interest of the persons making the statementE:. 19. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements "wouldbe relevant as against such persons in relation to such .position or liability in a suit brought by or against them, and if they are made whilst the person' making theln occupies such position or is subject to sucl~liability.

Illustration.

,
i Itl:

A undei'takes to collect rents for B.

B sue~ A for not collecting rent due from C to B.
'

A dcmes that rent was due from C to B.

A statcm,ent by C ~hat he oo,wed B ;'ent is an a~lmissiollJand is a relevant fact as agall1st A, If A demes that C dId owe rent to B.
Admissions 20.. Statements made by persons to whom a 11.)' persons expressly }Oe-party to the suit has expressly referred for informaferret! to by tion in reference to a matter in dispute are admissions. party to suit,

~
.
.

'iV~J

\ It.
.

1i

IUltstration.

The question is, whether a horse sold by A to B is sound. A says 'to B-' Go and ask C, C knows all about it.' C's statemcnti:: an adllli~sioll.

2;~
.

21.

Adn1ission~

" .

"

J~

E1)iden,ce.

.
;,

'{

1872.J

21. Admissions are relevant and may be proved Proofof ad. as against the person who makes them, or hisrepre- 'mis~ion8

sentative in interest; but they cannot be proved by

' '

~~:;~1~:mak.

or' on behalf of .persoT' who makes ingthem, an,d . the . . . them]1 or by by or 011theIl' h IS represen t a t Ive In In t eres,t excep t In th e ~ 10. owIng behalf.

cases

:-

'

(1.)
l'

An admission may be proved by or on be-

half of the person making it, when it is of such a

nature that, if the person making it were dead, it 'would be relevant as between third persons 'under section thirty-two. (2.) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant orin issue, made at or abou)aj the time when such state of mind or body existed,an'd is accompanied by conduct rendering its falseh,ood iniprobable.'. (3.) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise' than as an admission.
IZlltst,'ations.

(a.) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine;B,that it is forged. A may prove a statement by B that the deed is genuine, and, :B may prove a statement by A that the deed is forgE;Jd; but A cannot prove a statement by himself that the deed is genuine,
DOl'can B prove a statement by himself that the deed is forged. : (b.) A, ,the Captain of a ship, is tried for casting, her away~
\

\.

'-

Evidence is given to show that the ship Was taken out of her proper course. A produces a book kept by him in the ordinary course of his business, showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under section thirty-two, clause (two). (c.) A is accused ora crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of that 'day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section thirty-two, . cl~use (two).
(rl.) A
.J') ",oJ
..

.-

..-..

------

.
Evidence.

Q
L ACYl'r

"

(d.) A is accused of receiving stolen g'oodsknowing them to he stolen. ., '

'E'"~,-

He offers to prove that he refused to sell them below their value. A may prove these statements, though they are~dmissions, ?ecause they: 'are explanatory of conduct influenced by facts in Issue. . .
(e.) A' is accused of fraudulently having in his ,possession -~- " counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the coin, as he doubted whether it was counterfeit or not, and that
;

that person did examine it and told him it wasgenuine. A may prove these facts for the reasons stated in the last preceding illustration.
"

When oral admissions as to contents of documents are l'elcvant.

~.

Admissions in civil cases, when relevant.

22.. Oral admissions as to the contents of a do.. cument are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such do.. CUlllent under the rules hereinafter contained, or unless the genuineness of a document produced is in question. 23. In. civil cases no admission is relevant, if it is made.eittH~rupon an express condition that evidence of it is n9t to be given, or under circumstances from which the' Court can infer that the parties agreed together that evidence of it should not be given. . Expla1za'tion.-N othing in this section shall be taken to ,exempt any barrister, pleader, attorney or.' : vakil from giving evidence of any matter of which he may be compelled to give evidence under section one hundred and twenty-six. . .
' ,

Confession
cau~ed l uce. by 1ll<

irrelevant in a criminal Proceedin g, if the makin g of

" , "

24.

A confession made by an accused person is

,'.

ment,threat the confession appears to the Court to have been orpro~ise, or promise, having . when lrrele- caused by any inducement, threat vautincrimi-reference, t Q th e ch arge agalns t th e accuse d person, !lalproceed. proceeding from a person in authority and sufficient,
lUg.

in the opinion of the Court, to give the accused person grounds;. which would appear to him reasonable, for supposihg that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding's against him. ,.
25. NQ

1 .j 1 , , I " , \ , \,

'~4

", .
e-' .~

,(

l!i~vide}l.(Je,

- -

"

1872. .)
25.

. proved as aO'alnst a person accllsed of an)T 011"en00.

.

. ~.ud /J- ~~Iii:r N O,.c,qnfesslonl11adeto a Poh?e offioe~ha ]j

0
'

. ' ";. 'b~

..

.ft

PolIce officer liq~

not to proved. b~If' ~('

Col1.fe'"iotl, to ;.<t:tfIL

?~

:
~

26.

No confession made by any person whilst he

lmnle. dla t .e presence
o;

Confession by 3"

(t)

is of a Police officer, unless it be rnac1e ~cllsedwhile . in the . custody o

l\,1'"' t t In ' 0f a .u'.l.aglsrae, proved as against such person.

th e

slla 11
'

'

custody of b e Ill Policenot to .

agaInst hun.

be .prov~d

C liscovered
.

27.

Provided that, when any fact is deposed to as !{~w mu?h of in conse uence of information received ll1fo~'matl~m q .
,

<

r(~('el\Ti~d

In>lll

from a person

accused

of any offence,

In thecl~stod~T

aCCURBd way
be provt:f.1.
'

of a Police officer, so l1luch of such infornlation, whether it amounts to a confession or not, as relates dis-

'i.ncHyto the fact thereby discovered, may be proved. ,"'8. If such a confession as is referred to in section tWt' ty-four is nlade after the impression caused by any such inducement, threat or promise h~s, in the opinion of the Court, been fully, removed, it is relevant.
"

Con Cession nw,ue lifter l'e. mo\'al of impreSSIOllcaused by inducement, threat or promise,

relevant.

29. If such a confession is otherwise relevant, it Confession Illade levant otherwiseredoes not become irrelevant merel.y because it \vas .' ." not to under a promIse of secrecy, or In consequence of a becomeinepractised accused person for thq 1)111'levant~e.. . on the cause of f bt k I h b t d :pose 0 0 au:l.1ng 1 , or Wlen ~ was r~ln r, or ecause promise of It 'was made In answer to questIons whIch he need not secreey, &c deception

have ans'wered, whatever may have been the form of those questions, or because he was not "varned that he
"vas not bound to make such confession, and, that, eV'i.

'

k.

dence of it lllight be ~'iven against him.' 30. When more persons than one are being tried Consideration of P ointl J y for the same offence, .. and a confession lllade by con t.ro~ed eSSlOll
o
.

"",

d .,lon sue h conieSSIon conSI era t

<

one of such persons &ff-ectIng' hunself and SOUle other affecting perof such persons is proved, the Court ~2n rnal>:ing . and otheJ's i!. . may take into Iv
o
'

as agalns

SUCH 0 tlleI' jointly under

'.

..

person as well as against the person who makes such tria'!f')rsame confession. uJreuee,
,.

IUust'ratiOnlf. (a.) A and B are jointly tried for the murder of C. It is proved that A said,-' B and I ll1.nrdered C.' 'rIle Court may consider the effect of this confession as against B.

. l ' U'j

,\. '.>

",..'

"

~. .. f

~-----------------

J,ence. .1!Jt)l
' ~'~~

. AC'J' I

~
~

(bi)

Admissions not conclusive proof, but may estop.

A is on his trial for the murder of C.

,

'rhere is evidence

.,

'I
j j

to show that C was murdered by A and B, and that' B said,-

.1
,

'>

, A and 1 murdered C.'

This statement may not be taken into consideration by the

Court against A, as B is not being jointly tried.

'

31. ,Admissions are not conclusive proof, of the matters ..admitted, but they may operate as estoppels under the provisions hereinafter contained. '
STATEMENTS

; ! ~

--' "Y '~ ..

BY

PERSONS WHO CANNOT BE CALLED AS WITNESSES.

'

Cases in which statement of relevant fact by person who is dead or cannot be found, &c" is relevant.

32. Staten lents, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured. without an amount of delay or expense which, under the circumstances of the case, appb~, ," to the Court unreasonable, are themselves relevant - "+'s in the following cases :"'~-,
, ~. ,',

~
-{9 .... 4 , .
'

vVhenit re(1.) When the statement is made by ap~>~"\Tl as l",tes to cause to the cause of his death, or .as to any of th~ circ~;. of death;

it. . ~tance,s of. the t~~ansaction which resulted in his t~da~,'" :':\.. . In cases In whiCh the. cause of that person's ~<deatlt~~ -:.. . ,: comes into question. '

01'is made in course of business;

Such statements are relevant whether the person who made thmn was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2.) When the statement was made by sucb 'person in, the ordinary course of business, and in p~i.ti~ cnlar ':'fhen it consists of any entr~Tor memorandum / made by him in books kept in the ordinary' course of business, or in the discharge of professional duty; or, of an acknowledgment written or signed by him
<

"",

't'
.

of thy.receipt of money, goods,securities or property"

of any kind; or of a document used in ;commerce written or signed by him, or of the date of ,a letter or o~her document usually dated, written or 'signed by lum.
"

or ag-aillst interest of 14mkc.>l' ;

(3.) ';,,;When the stateme~t is against the pecuniary

or prq,prietary interest of the person making it, or
;

w11ell
..

'.!6

---u ~'" 1872.

.".".-.-

Evidence.

when, if true, it would expose him or would :have exposed him to a criminal prosecution or to a suit for

damages.
(4.)
such person,

':

')

When the statement gives the opinion of' any

of any public" " right . as to the existence ' .

or cus t om or ma tt er 0f pu bIIC or genera 1 In t eres,t 0f

pu

OJ;gives opi. ll mo bl ,as}o ht

10 ng

'$

or custom, or
~
~

the existence of which, if it . existed, he would have matters .of,.

-, been likely to be aware, and when such statement was feer:~~lInmade before any controversy as to such right, CtJstom '
or matter had arisen. (5.) When the statement relates to the exist,ence of any relationship between persons as to whos.e relationship the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. (6.) When the statement relates to the existence of any relationship between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any, family pedigree, or upon any tombstone, family portrait or other. thing on which such statements are usually made, and when such stq,tement was made before the question in dispute was raised.
01'relates to existence of relations.hi p ;

01'is made in will or deed relating to family affairs; .;

(7.) When the statement is contained in, any

' e

or in docu:
'

deed; will or other document relat~ng . relates . thto any ment . . . which to transactIOn h t t t d sue ransac Ion as IS mentlone In see Ion uteen, mentioned in
clause (a).
clause (a) ;

section. 13,

(8.) When the statement wasmade bya numpel'

....
'...

or is madeby

of persons, and expressed feelings per. . ... or impressions. on several sons, and exth ell' part re Ievant to t he matter In question. presses feel.
~

Illustrations.

..-' -.

(a.) The question is, whether A was murdered by B ;or A dies of injuries received in a transaction in the course of which she was ravished. The question is, whether she was ravished by B; or The question is, whether A was killed by B under such cir,cl1m~tances.that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape, and the actionable wrong under consideration, are relevant facts. , (b,.) The' question is' as to the date of A's birth. An . 27
'

'ings relevant to matter in question>

oJ

{)

'II

Evidence,
~-.

":' 1 i i .\1.. I
".
'

.~

An r:mLry in the diary of a deceased surgeon) l'egularly kept

, ~

m 'the \ course of business,'stating

that, on a given day, be

attended A's mother and delivered her of a son, is a relevant fact. (c.) The question is, whether A was in Calcutta on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that, on a given day ,the solicitor attended A at a place mentioned, in Calcutta, for the purpose of .conferring ",ith him upon specified business, is a relevant fact. (d.) The question is, whether a ship sailed fr()m Bombay

""

harbour 011 a given day.

,

',' .

A letter written by a deceased member of a merchant's Drm, by which she was chartered, to their correspondents in London to whom the cargo was consigned, stating that the s}1ipsailed on a given day from Bombay harbour, is a relevant fact: (e.) .,The question is, whether. rent was paid to A for . certain land,

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 tact:
>c

(f.) The question is, wheth~r A and B were legally married. The statement of it deceased clergyman that he married them under such circumstances that the celebration would be a
crime,
is relevant.'

'

(g.) The question is, whether A, a person wh~ cannot be found, wrote a letter on a certain day. The fact that a letter
written by him is dated on that day, is relevant. (h.) The question is, what was the cause of tJ;1ewreck of a ship. A protest made by the Captain, whose attendance cannot be pl'ocure~l, is a relevant. fact. (i.) The question is, whether a given road is a publi~ way; . A statement by A, a deceased headman of the village, that the roa(lwas public, is a relevant fact. (}.) The question is, what was the price of grain on a certain day in a;pal'ticular market. A statement of the price, made by a deceased hanya in the ordinary course of his business, is a relevant fact.
.

'"

. ..

.'

..;..::. Y'

(k.) of R.

The question is, whether A, who is dead, was the father

A statement by A that B was his son, is a relevant fact. . (t.) The question is, what was the date of the birth of A. A letter~rom A's deceased father to a friend, announcing Ul birth Of'j'\.Oll a given clay, is a relevant fact. .
(m.) 26 . The ., ~ ,--,

---'187:2 J
mar'f'ied.
.

- - - - - - -'

1!::'vidr nee.

--

(~.)

The qnestl0n is, whether, and when, ~1. and n were

All entry in a. memorandum-book by C, th~ deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact, (n,) A sues B for a libel expressed in a painted caricature exposed in a shop window, The question is as to the similarity of the caricature and its libellous character, The remarks of a
"'"-,-- crowd of spectators on these points may be proved,

J.
"

33. Evidence given by a witness in a judicial Re]e~ancJ: of el'tam e,YIproceeding, before any person authorized by law C dence fi . . or 1 " , 01 .c t tl k f to ta e It, IS re evan lor 1e purpose 0 prOYIng, III proying, in

facts which it states, when the witness is dead'" or facts therein

cannot be found,. or is incapable of giving evidence; stated. or is kept out of the ,vay by the adverse party, or if his presence cannot be obtained without an anloun t of delay or expense which, under the circumstances of the case, the Court considers unreasonable,

a subsequent judicial proceeding, or in a latel~; stage subsequ.p.nt . ' ,. '-' proceeding'. d 1 d of t h e same Ju ICla procee lng, th e trutl 1 of the thetruthof
.'

Provided-

"

"

that the proceeding was between the same parties or their !~presentat.ives in interest; ,t.hat the adverse party in the first proceeding had the right and opportunity to cross~exan'iine; that the questions in issue were su11stnntial1y' the same in the first as in the second proceeding. Explanation.~A" crimjnal trial or inquiry shall . be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
"

STATEMENTS M.o\.DEUNDER SPECIAL CIRCUMSTANCES.

'-

in f! the course of business, relevant whenever books of RC. t 1 , are ' they . count when tt t h tl t C h t re1er 0 a ma er III 0 W 110 1e our as 0 InqUll'C, relemnt. but such statements shall not. alone be sufficient
"

34,

Entries in books of account, regularly

i{ept Entriesjn
.

evidence to charge any person with liability.

'-""

Ittustmtio1t.

. A sues 13 for Rs, 1)000, and shows entl:ies in his account-hooks showing B to be indebted to him to this amount, The entries are relevant) but are not sufficient) without othcrcviderice, to prove. the debt,

35. Jin
..
:> :"

ZD ",--

~ ->1J:-.-.
"":_"";~'-

---

Jj)fiide Jlae

[ AC1' J

J T
"'%. .I'

R~le,,"ancy of

30,

An enti'y in any public or other official book,

.' ," .

entry in register, or record, stating a fact in issue or relevant publ~c.record, fact , and Inade by a Public servant in the discharO'e ma,deIn per;:,
formance of

It
.~ '.I'
,~

of his officialduty, or by any other person in per-

duty.

formance ofa duty specially enjoined by the law of the country in which such book, register, or record is kept, is itself a relevant fact,
--r""',
~ ~.~ ..
.' ",

Relevancy of 36,' Statements of facts in issue or relevant facts, statements in ,made in ' published ' maps or charts generally offered maps charts f! 1 d e un d er t Ile and~lans. lor pu bI lC sa Ie, or In maps or pans m,a,

,..

authority of Government, as to' ma~ters usually represented or'stated in such maps, charts or plans, are themselves relevant facts.

i ~~. I. t 1 i

Relevancy of
~~ai~m~:c\ of

37, When the Court has t'o form an opinion as to

the existence, of any ,fact o~a publi~ n~ture, any

public na,ture, statement of It, made In a recItal contaIned In any Act cont~ined or in any Act of the Governor General' ' ' ' ' Cel'tf11llActsin of Parliament, I d 1 f f th G or llotifica- 0 n Ia III ounCI, or 0 e, overnors III CounCI I

'

'

of :M:adrasor Bombay, or of the' Lieuten~nt-Governor 4' in Council of Bengal, or in a, notification of the Government appearing in the Gazette of India, or in the Ga"zette of any Local Government, or' in any printed paper purporting to be ,the London Gazette - / or ~he Govern1nent G.azette of any colony, or pos~ u.-iiJ2 aJ Jt ReSSIon of the Queen, IS a relevant fact,' ~9'fR~cf,:1ncy of 38. When the Court has to form an opinion as to, ",'" ;-;t.atBments of statement ' of such law ' con.. it ' ' any country, any ' as to any law a law d b 1 t b t d bI h d t t containe~d in alne 10 a, 00 \: purpor Ing 0 e prIn e or pu IS e law-books, under the authority of the Goyernment of SUC~l: country and to contain any such law, and any report " of a ruling of the Courts of such country containe,d in a hook purporting to be a report of such rulings, /( is relevant,
4
,
,

ti?llS,

.,

'

"

,...,.

given when
a, conversa.

H O"\V MUCH OF, A STATEMENT IS TO :BE PROVED, 'What evi. 39, When, any stateillent of which evidence is deuce to be O'iven forms P art of a IonO'er statement or of a con.

statement versation or part of an Isolated document, or IS conformspart of tained in a document which forms part of a book, or
tlOn, docu-

b.

'

;:,

"

mont, book, shall b~' ,gIven of so much and no more of the stateor series of

of a cmil1ected series of letters or Papers' evidence ; ,

" , ,

'

letters or

ment cori:versation, docun1Emt " hook or series of letter~ ,

" ,
"

P;1'j11fb, 30

or
".

.-.

--------

i _I

'-'.' l ence l.!JtilC

l'k'1-j v I':".

~ ,,I

01' papers as the Court considers necessary in that particular case to the full understanding of the nature

and effect of the statement, and of the circumstances under which it was made.
-

JUDGMENTS

OF COURTS OF JUSTICE,

WHEN

RELEVAN'r.

- :J.
'p

-.I

The existence of any judgment, order or Previous decree any .Court judgments . fronl takiuO' ' . prevents . which by law .{.' o relevant to t 1 I t f 1 ld t cognIzance 0 a SUIt or 10 Ing a rIa, IS a re evan lac bara second
-

40.

-when the question is whether such Court ought~

~Q suit or trial.
-

take cognizance of such suit, or to hold such trial. 41. A final judgment, order or decree of a com- Rele~ancy of petent matrimonial, ~el '~m d t . Court, in .. of probate, ' ' . . the exercise .{.' 1U bmen S
acImIra 1 ty or lnso 1 vency

JurIs dICt lon,

w1 lICh coniers 'in probate,

upon

or takes

away from - any person

any

legal

~c,' jmisdic-

->-

I
i)

character, or .which declares any person to be entitled tlOn. to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgnlent, order or decree is conclusive proof that any legal character which it confers accrued at the tinle when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment declares it to have' accrued to that person; that any legal character which it takes away from: any such person ceased at the time from which s:uch judgm~nt declared that it had ceased or should cease; and that any thing to which it declares any person to be so entitled was the property of that person at the tinle froIll which such judgment. declares that it had been or should be his property, 42, Judgments, orders or decrees other than those Relevancy
.

- mentioned

relate
,

in section forty-one, are relevant if they ~ndeffect of to matters of a public nature relevant to the ~~~~~l~~tS
decrees, other

/"enquiry; but such judgments, orders or decrees are not

conclusive

. .
,,", ,-A;-

l)roof of that 1vhich thevol state.

,

thall,those , wcntlOued III

;,ection41.

Itlilst/'at-ioll. :11

-"

, -t

' I.~, i " t~:,'( < ~ " },'-,," r-

",1'

,(

tI
n
J

"

J-

ACT' ;

Iltltst1'ation,

.
'

A sues 13 for trespass 011his land. B alleges the existence "Of a public right of way over the land,wliich A denies, 1'1"he existence of a decree in favour of the defendant, in a ::il1it by A against 0 for a trespass on the same land, 1n which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
J uc"4;l11ents, &c" litller tlmH those moil tiolled in section::; 40-42, wheu relevant.

43. Judgments, orders, or decrees, other than those Inentioned in sections forty, forty-one and forty-tlv0, .;

are irrelevant, unless the existence of such !judgnle~t, Ilt1t8t'l'ation8.~\

l,.

order or decree, is a fact in issue, or is relevant under 801110 other provision of this Act. " !-:.
'

"

(a.) A ~Llld B separately sue 0 for n libel which reflects UPO;i each' of them. 'C in each case says, that the mattEt; alleged' to be libellous is true, and the circumstances are SUC':lthat it is probably true in each case, 01'in neither.
c)'

A, obtains a decree against 0 for damages on the grou'nd that C failed to make out his justification. The fact is irrelevant as between Band C. (b.) A prosecutes B for adultery with C) A's wife. 13 denies that C is A's wife, but the Court convicts B of

adultery.
Afterwards, C is prosecuted for bigamy ill marrying

'

~ during'
B is

A's lifetime. C says that she never was A's wife. 1'he judgment against B is irrelevant us against C. (c.) A prosecutes B for stealing a cow from him. convicted.

A, afterwards, sues C for the cow, which B had fold to him Lelore his conviction. As between A and 0, the judgment' no'a,just B is irrelevant. ;:, . (fl.)
A-

, ,

has

obtained

a decree for the

possession

of land-':---

for a crime.
Fraud 01' collusil)JI ill lib.

against B. 0, B's son) murders A in conseclueJwe. The existence of the judgment is relevant, as showing motive
,",

44.

A,n~Tparty toa

suit or other proceeding

may

hlining jnclg. ment, 01' incompetency of Court., may be ])1'o\'ed.

sh6w that any judgnlent, order or decree which is relevant under section forty, forty.one or forty-two, 11nd'which has been proved by the adverse, party, was delivered by a Court not colllpetent to <leliverit, or WHS obtained hy fraud or collusion.
,\

,,',j 'J ..

UP r:;; I(YN'S ..
..

, ( , ../

,.

--Bviden(}(J'.
WHEN RELEV ANT~ OPINIONS: OF THIRD PERSONS,

1872.]

-- -- ---,
,

When the Court has to form an opinion upon Opillions c', a point of foreign law,. or of science or art, or as to experts identity of hand~'iting, t~e opi;1ionsupon t~at point~"
of. persons
-.,...

45.

SCIence or art, are relevant facts.

specIally

skilled ill

such forell?,n law, J--~

.

.'

:E Itr~./:3(t)

~-

~ J,l

Such persons are called experts,.

JUzes b'a t (j'iu:,~,

pOlson.

,(a.) The questi0'nis, whethel~the death of A was caused by

.

The opinions of experts as to-the- symptoms produced hy the

poison by which A is supposed to h9.ve died, are relevant. ','
,

(b.) The question is, whether- A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wro~g or contrary ,to law. .
The opinions of experts upon the question whether the symp- -

toms exhibited by A commonly show unsoundness of mind, and whether such unsoundness.of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to

law, are relevant.

'

(c.) The question is, whether a certain document, was write ten by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different, persons, are relevant..

/"

46. Facts, not otherwise relevant, are relevant Facts bearing opinions if they support or are inconsistent with the opi,niQus upon of experts. of experts, when such opi:nions 8xe relevant. '.
Illustrations.
.<a.)

..

The question is, whether A was poisoned.by a certain

pOlson.

to be the symptomsof that pOlson,ISrelevant.

caused by a certain sea-wall.
"

The fact that other persons, who were poisoned by that poison, exhibited certain sympto~s w~lich experts affirm or deny
.

(b.) The question is, whether an obstruction, to a hal~1?our is~~~.

.

'

"

The fact that other harbours similarly situated in other respects, but where there were 'no such sea-walls, began to be

~ ,

obstructedat about the sametime, is relevant.

q

J"
."-,

4'" ,- I,

'VhCl1
"

! i !

"'"

<:19 ,)~)

Evidence,
.
~.

[ ACT I
'"

- to handwriting, when relevant.

Opinion as

4 7~ 'Vhon the Court has to fornl an opinion as

.'

to the person Qy whom any document was written

or signed,. the opinion of any person acquainted with

the handwriting of the person by 'whom it is sup:posed to be written or signed that it was or was not 'written -or signed by that person, is a relevant
..
. -- .-./
'.

fact.

BxplanaUon.-A

person is said to be acquainted

'with the handwriting of another person, vvhen he bas' se,on that person write, or when' he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents ,purporting to be written by that person have been habitually submitted to him.
Illustration. The question is) whether a given letter is in the handwriting' of A) a merchant in London. B is a'merchant in Calcutta,) who has written letters addressed to A andl'eceived letters purporting to, be written by him. C is B)s clerk, whose duty it was to examine and file B)s correspondence. D is B)s broker) to whom B habitualIy submitted the letters purporting to be written by A for the purpose of' advising.\vith him thereon. The I)inions of B) C and D on theqnestioll whether the leH.cl' it; in the handwriting of A arc relevant) though neithc'r B, C 1101' D evu saw A write.
. "

-.

I
..'

.
...!

Of'miODas to e:,;j"lence of right or eaGtom, when relevant.

4.8.

vVhen the Court has to f'ornl an opinion as to .

j, ;,

the existence of any general custonl or right, the opinions, as to the existence of such custonlor right, of' persons ,vho would be likely to know of its existence if 'it existed, are relevant. Explanation.-The expression' general custom or right' includes customs or right~ common to any considerable class of persons.
Illustration. The righ of the villagers of a particular village to use the water of. it p~trticuhtl' well is a gencmlright within the meaning of lhi~ tiedion.' . <. Wh~n fi9, ~H

~-"

- .

..-

.
-~

1~72. J
49. to--

l!)tjldenae.
"'Vhen the Court has to forDl an opinion a~ OpinimlR:1$
.

~
to usages.
tenets,L &,;., when rel.ee "!lnt.

the usages and tenets of any bQdy of U1cn or fanlily, the constitution and govcrnnlcnt of any religious or charitable foundation, or .
.

i
,I

the meaning of ,vords or terlns used in particular

. '--,-. ,

districts or by particular classes of people, the opinions of persons having special n1eans of knowledge thereon, are relevant facts. 50. vVhen the Court has to form an opinion as to Opinion on p, the relationship of' one person to another, the opinion, relationshi when releexpressed by conduct, as to the existence of, .such 1'0- \'ant. IfLtionship,of any person who, as a Inemberof the family or otherwise, has ~p.eci~l means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceeai~gs under the Indian Divorce Act, or in pro!S~l~utions under seqtion four hundred and ninety-four, four hundred and ninety -five, four hundred and ninety-seven or four hundred and ninety-eight of the Indian Penal Code.
Illustrations.

",

(a.) The question is, whether A and B were ma.l'ried. The fact that they were usually received and treated. by their friends as husband and wife, is relevant. (lJ.) The question is, whether A was the legitimate Ron of R. The fact that A was always treated as such by members of the

tIi

family, is relevant.

.
Grounds of opinion, wbell relevi1n1.

\ .r-.

51. Whenever the opinion of any.living,pel>son is relevant, the grounds on which such opinion is based are also relevant.
.

j
.g

lll'ltst1'ation. An expert may give an account of experiments })6rformed by him for the purpose of forming his opinion.
CHARACTER WHEN RELEVANT.

f~
1 B i
;.~
c

52. In civil cases, "'the fact that, the character of In civil casrs any concerned is such render probable or plo~e cl~al~acter . asdto . .,. . person con-to 11 t h 1 t b d t 1mpro a) e any con uc Impute 0 1m, IS lrre evan J, ductimputed, except in so far 'as such character appears fraI1l facts irrelevant.

otherwise relevant.

..

53.

In
.'j ~

oJ;)

,I

.Ez;idoncc.

l ~{c'ft

In c1~iminal
cases, preYI' ~ousgood character relevant.

53. In cl'iminal -proceedings, the fact th~t the. person accused is of a good character, is relevant.

In criminal

. . I . ~ 5 4. In CrImIna proceedIngs, t he ~act t h at th e

he has ,a good character,.
. .' '

o'

proc:edingsaccused person has been pl'eviou$ly convicted of any preVl.0U.Soffence isI'elevant fact. that he has a .bad.. convlCbon . - 1 ; but the I h relevant,b1.1t C ara~ter ISIrre avant, un ess eVldence h as b een gIven.
not Pl'evious ba d ch aractel', that

exceptin re- re 1 evan t .

in which case it becomes.

.

..' .~
.

ply.
Character as
affecting damages.

Explancttion.-This section does not apply to cases in which the bad character of any person is itself a fact in issue.

55. In civil cases, the fact that the ~haracter of

any person is such as to affect the amount 6f damages which he ought to receive, is relevant. ..
E:tplanation.-In sections fifty-two, fifty~' '~, fifty-four and fifty.five, the word' character' iT, Aes' both reI}utation and disposition; but evidel . may
. .

be given only of general reputation and general disposition, and not of particular acts by which reputa-

tion or disposition were shown.'

'

l'

PART U. ON PROOF.
CIIAP.TER IlL-FACTS WHICH NEED NOT BE PROVED.

Factjudici-

56.

No fact of which the Court will take judicial

.',

any able notice. need not notice need be proved. be proved. . Facts of 57. The Court shall
mu~~ke judicial

take judicial notice of the

which Court following facts :notice.

(1.) All laws or rules havIng the force of law ~ow

or heretofol'ein force, or hereafter to be in forcc,Jin any part of.British India: . (2.) All public Acts. passed or hereafter to be passed by Parliament, and all local and personal Acts directed by Parliament to be judicially noticed: (3.) Articles of War for Her Majesty's Arn~y or Navy: (4.) The. course of proceeding of Parliament and of the Councils for the purposes of making I.Jaws'and Regulations .. "
. . .

\-

.~CI

.~....

8,

If372. J

Evidence.

/,~-

R.egulations established under the InQ.ian Councils .A.ct,or any other law for the time -;being relating thereto: Explanation.-The word' Parliament,' in clauses (two) and (four), includes~. ~rhe Parliament of the Unitedd I{ingdom of Gl~eatBritain and Ireland; '2. The Parliament of Great Brita,in ;
.
" ,

:p. The Parliament

4.

of England;
,::;

"

The Parliament of Scotland, and,,',

,"

5. The Parliament of Ireland:

" >---

(5.) The accession and the sign'manual of the Sovereign for the time being of the United Kingdonl of Great 13ritain and Ireland: (6.) All seals of which English;; Courts take judicial notice: the seals of all the Cl]:,rts of British India, and of all Courts out of British' India, established by the authority of the Governor General or any Local Government in Council: the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by any Act of- Parliament or other Act or Regulation having the force of law in Bl'itish India: (7.) The accession to office, names, titles" functions, and signatures of the persons filling for the time being any public office in any part of British India, if the fact of their appointment to stic,h office is notified in the Gazette of India, or in the Qfficial Gazette of any Local Government: (8.) The existence, title, and national flag of evary State or Sovereign recognized by the British Crown: (9.) The divisions of time, the geographical divi. sions of the world, and public festivals, fasts and 'holidays notified in,the official Gazette: .
'
,

(10.) 'rhe territories under the dominion of the British Crown: ,(11:) -The commencement, continuance, and termination of hrstilities between the :British Crown and any other StJte or body of persons:
.
8

.
,.

(12.)

The

37

.Evidence,
r1:-

LAcrr"I \

\
41

r~

(12.) The naI11esof the melllbers and officers of the Court, and of their deputies aneJ. su'bordinate officers arid assistants, and ahv of all officers acting in execution of its process,. and of all advocates, attornies, proctors, vakils, pieaders and other persons authorized by law to appear-or act before it:

(13.) The rule of the road.

Fitd8

admit-

ted need not be pl'ovccl.

In aU these cases, and also on all matters of public history, literature, science or art, the Court may"" resort for its aid to appropriate books or documents of reference. If the Court is called upon by any person to take judicial. :I!tice of any fact, it 111ayrefuse to do so, unless and until such person produces any such book or doculllent as it nlay consider necessary to enable it to do so. 58. No fact neecl be proved in any proceeding which the parties thereto or their agents agree to adnlit atthe hearing, or which, before the hearing, they ag]~eeto adlnit by any 'writing under their hands, or which by any rule of pleading in force at the tinlC they are deemed to have adl11ittedby their pleadings: Provided that the Court may, in its discretion, require the facts adnlitted to be proved otherwise than by such adn1issions.
CHAPTERIV.-OF ORALEVIDENCE. 59. All facts, except the contents of documents;

, ..

iI

be p roved by oral evidence. . Oral evidence 60. Oral evidence must, in all cases, whatev~r, trl:ust he be direct; That is to saychl'cct. If it. refers to a fact which could be seen; it must be theeviclence of a 'witness vvhosays he saw it ;~, If itrefers to a fact which could be heard, it must be the evidence of a witness who says he heard.it ; If it re,fers to a fact which could be perc~ived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that l11anner; If it refers to an opinion or to the grounds on \vhichthat opinion is held, it must be the evidence of
Xa~tsby oml 11lay. evIdence.
. .

J?roof of

."*.-

33
c

<

t
(>

1872.]
""
>

Evidence.

of the person ,vho holds that opinion on those grounds;: Provided that the opinions of experts exp~essec1irf any treatise commonly offered for sale, and' the grounds' on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has beconlo incapable of giving evidence, or cannot he calleel as a witnAss without an amount of delay or ex.. pense whie.1 the Court regards as unreasOJJable: Provided also that, if oral evidence refers to the existence or condition of any material thing other than a dOCU111ent, the >Court may, if i~aipks fit, require the ,production of such material thing for its inspection.
CHAPTER V.-OF

61. of documents rnay beprovcc1 or bv secondar y evidence. rimar either h ,el yP y

~>

, The contents

DOCUMENTARY EVIDE~CE.
oi tents ments.
,

Proof or con~ dOCh"

62.

Prhllary evidence means the document

itself Primary 8"'11donee.

l)roduced for the inspection of the Court.

Bxplctnation I.-Where a document is executed in several parts, each part is prin1ary evidence' of thq document: Where a dOCU1TIent is executed in counterpart, each counterpart being executed by one or sorne of ~hc parties only, each counterpart is primary evidence .,as

against the parties executing it. Explanation 2.-Where a number

>--

'

of documents

arc all made by one uniform process, as in the case

of printing, lithography, or photography, each is primary evidence of the contents of the rest; but vvhere they are all copies of a COlllmon original, they are not primary evidence of the contents of the original.
]ZZ~t8tratio7Z.

A person is shown to have been in possession of a number of ; 'placards, all pl~illtedat one time from one original. AllY on0 of the placards is primary evidence of the contents of any othcr, hut no one of them is primary evidence of the contents of the ol'igirlal.

63.

Secondary
:;~J
ttI

"t'

E'vide1tae.
,

...

l AC~

1,

S~condary
cv~dence.

.63.

Secondary evidence means ~nd includes-

(1.) Certified copie~ given "ander the provisions hereinafter contained; (2.) Copies made from the original by mechani. cal processes which in themselves insure the accuracy of the copy, and copies compared )vith such copies; (3.) Copies made from or compared with the ori. ginal ; (4.) Counterparts of documents as against the parties who did not execute them; (5.) Oral accounts of the contents of a document given by some person who has himself seen it.
.

,-'

-....

Illustrations. (a.) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
>

(b.) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying macbiue was made from the original. (c.) ,A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so
.

..

compartd is not secondary evidence of the original, although

the. copy from which it was transcribed was compared with the original. (d.) Neither an oral account of a copy compared with the Ol.jgin~l, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

Proof of documents by primary evidence. Cases in which secondary evi. dence relat. ing-to documents may begiven.

64. Documents must be proved by primary evidence except in the cases hereinafter mentioned.

~.

65. Secondary evidence may be given of the exist.ence,) condition, or contents of a dOCUluent in the following cases :(a.) vVhen the original is shown or appears to be in the possessionor power of the person against whom the document is sought to be proved, or of any person out of reach of, or not suhjept to, the process of the Court, or
,10

.01'

., . .

.
~

,,'

1872.

E'vidence.

of any person legally bound to prod nee it, and when, after the notice mentioned in section sixty-six, such person does not produce it; (h.) When the existence, condition or contents oJ the original have been proved to be admitted, in write iug by the person against whom it is 'proved 91'by his representative in interest; -- -, (0.) 'When the original has been destroyed or lost, or when the party offering evic1enc~' ot its con~ tents cannGt, for any other reason not arising from hiR own default or neglect, produce it in reason.able tiule ; (d.) When the original is of such a nature as not to be easily moveable; (e.) When the original is a public document with.. in the'meaning of section seventy-four
;:"'"

(f.)

When the' original is a document of which .

a certified copy is permitted by this Act, or by any other .law in force in British India, to be.:given in evidence; (g.) When the originals consist of numerous ae~ counts or other' documents which cannot convc~ lliently be examined in Court, and the tact to be proved is the general result of the whole c<?Uectiol1. In cases fa), (c) and (d), any secondary' evidence of the contents of the document is admissible. In case (h), the written admission is admissible. In case (e) or (I), a certified copy of the. docu.. lllent, but no other kind of secondary evidence, is adnlissible.
'

)..

In case (g), evidence may be given as to. the

general result of the documents by any person who has examined them, and who is skilled in the examinationof such documents. 66. Secondary evidence of the contents of the Ru~('s r1~ tv documents referred to in section sixty-five, 'clause (a), notIce toPI\)shall not be given unless the party proposing to give duee. such secondary evidence has previously. given to the party in whose possesbion or power the document is, such notice to produce it as is prescribed bJTlaw; and if no notice is prescribed by law, then such notice as the

-~, i

.
i

Et,idence,

[ ACT

the Court considers reasonable under the circum-' stances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any, other case in which the Colutthinks' fit to dispense with it :(1.) When the document to be proved is itself a

notice;
(2,)
produce

"

"

When,
it!~.

. Jhe nature of the case, the ad,

verse party n;lust . ..J.owthat he will be required to (3.) When it appears or is proved ,that the adverse paI'tj7 has obtained possession of the original by fraud or force; (4.) When the adverse party or his agent has the original in Court;, ,
,

'

(5.) When the adverse PI i, or his agent has 11. admi tted the loss of the doc' (6.) When the perso~ in possession of the document is out of reach of, or not subject to, the process, of the CQurt. ~roofof 67. If a document is affeged to be signed or to slguatll:'e. and have been written wholl y or in Part by any Person , handWl'ltllW' of porson the signattll'e or the handwritinr of so much of the o allege~to to be "" as is alleO'ed ' in 'that person's ' ' handhavo signed document ' '

,;

document produced.

01'written

Wrl t lUg mus,.t b e prove d

'

t 0 be

In h IS h an d wrI t lng,

'

'

Proof of exe.

0ution of

quiredby lawtobe
htt~~~d.
., ,

uocmnollt re.

tested, it, shall not be used as evidence' until one

attestIng wItness at least has been called ~or the PUi'pose of p):1Qving its execution, if there be an attesting
,..' , , .c

68.

If a document is required by law to be at-

-(

~,

~.and

witness alive, and subject to the process of the Court able of 'v.ng evidence. l "d ,11
1'(

1)1'001' where
'~j " .'

6.

~
.
,

'

f no suc

. ,. . . . .. ... . . ~ 'c:-..t::1.."..,.,..~,v ,

attesting-

w:it.nA~~

(}q1i ~o

.r",..~..J

"I-..

2: To section 68 of the Indian Evidence Act, 1872, the following proviso shall be added, namely:" Provided; that it shall not b~ necessary ~to call an attestinO' witness in proof of the executIon of any, docum~nt not being a will, which has been reglste:ed in a~eordance with the provisions of t~e IndIan Registration Act, 1908, unless its executlOn by the 1;,. to have been execut i m l t Purnort-;5 h person:vy W 0 - t
O

,
[ pf 1908.

,~

is specifically denied."

1872.].
70.
.

Evidence.

proof of Its executIon as agaInst hIm, though It' be a, tester! docu-

men

executIOn by t 0 f 1.S t execu tl~n by h I~Se If ~h a11 b e sUo ffiClen t partyto at~
.

The doeuAdmis.sion of . admission . of a .party to an attested ' .

;
'

document required by law to be attested.

71.
may bel proved by other evidence.

mem,.

If the attesting denies . or does not Proof.when. . f witness . att-estinc' Wlt~ II t th t th d t t t reeo eo e execu Ion 0 e oeumen, 1 s exeeu Ion nessde~ies
theexecution,

--

An attested document not requh~ed by la"\v Proof of doto be attested may be proved as if it was unattested. ~~~i~:tb~
, .

72.

~to~~ tested.

'13. In order to ascertain whether a" 'signature, Co~parison writing, or seal is that of the person by whom it pur- ~'i~~~~a~~e, ports to have been written or made, any signature, sealwfih. t hers admlt. ,vritine:, or seal admitted or Proved to the satisfaction o t ed or proved of the Court to have. been wri~ten or made by that' , person may be compared with the one whieh is to be proved, although that' signature, writing, or seal has not been produced or proved for any other purpose. .,' The Court may direct any person presen'G in' Court to write any words or figures for the' purpose of enabling the Court to compare. the words or figures so written with any words or figures alleged to have been written by such person. a~'LA-tt#~Y:if/!lf~J. 56.)
\,;J

PUBLIC DOCUMENTS.

'

ments:-

'14.

The following documents are public' doeu,. Public docu.

, '

~ents-

'"

1. Documents forming the acts, or records" of the ~~(i) of the sovereign authority, (ii) of officialbodies and tribunals, and
. ,

(ili) of public officers, legislative, judicial and

'.

ecutive, whether of British India, or of any othe. part of Her Majesty's dominions, or of a foreign country. 2. Public records kept in British India of private docunaents.
.

75.

All other documents are private.

P;';v~te dOCllments.

document which any Person has , a riO'ht to documents. pIeS ot publIc Pubiic . ., '='
.

'16~Every
'

public officer having the 'custody of a ~ertifi:d co-.

inspcet:

' 4;~

..

Evidence.

.. ...

.'

[ACT I

Proof of
(Jertified
.'

productIOn of

qocumc~tsby

inspect, shall give that person on demand -a copy If it on payment of the legal fees therefor,' together with a certificate written. at the foot of such copy that it is a true copy of such document or part thereof~ as the case may be, and such certificate shall be dated and subscribed by such office~with his name and his om.. cial title, and shall be sealed, whenever such officer is authorized by law to make. use of a seal; and such copies so certified shall be called certified copies. Explanation.-Any officer who, by the ordinary course of o~~icialduty, is auth~rized to deliver such copies, shall be deemed to have the custody of such document~ within the meaning of this section. 77. Such certified copies may be produced in proof of the contents documents or . d of the public .h f bl f th h I)arts 0 . e pu lC ocuments 0 W lC t h eypurport
.
,

copies.

to be copies.

'

P"oofofother 78.

The following public

documents

may

be

oHicial dOCUD proved as follows :mcnts.

(1.). Acts, orders or notifications of the Executive Government of British India in any of its departa ments, or of any Local Government or anydeparta ment of any Local Government, by the r~Qords of the departments, certified. by the

heads of t~~se departments respectively, or by any document purporting to be printed by order of any such GoverD;ment:
. ,
" .

(2.), T~e proceedings of the Legislatures,

by the journals of those bodies respectively, or by

published 'Acts or abstracts, or by copies purporting to be printed by order of Government: (3.) Proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty's Government, by copi~s or extracts contained in the L,ondo'n

Gazelle, or purporting to be printed by the Queen's Printer: . ,

.

(4.) 'l'be acts of the Executive or the proceeding~' of the legislature of a foreign count.ry~ . h~
4.1

'J

1872~J

Evidence.

by journalspublisbed by their authority, or comd n10nly received in that country as such, Ol~ by a copy certified under the seal' of the country or sovereign, or by a recognition thereof in some public Act of the Governor General of India in Council :

..
~

(5.) The proceedings of a municipal body in British India, . bya copy of such proceedings, certified by the legal keeper thereof, or by a printed book: purporting to be published by the authority of such body : (6.) Public documents of any other "class in t]J
.

foreign country,

"

.,

by the original, or by a copy certified by. the legal keeper thereof, with a certificate under the seal of a Notary Public, or of a British Consul ,or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document accord. ing to the law of the foreign country.
PRESUMPTIONS AS TO DOCUMENTS,

79. . The Court s~all presu~e ever:v. document, Pl'cst,ml'l1on purportIng to be a certIficate, certIfied COp~T, or other astoge~lnine

document, which is by law declared to be admissibleas evidence of any particular fact, and whieh purports
to be dul~r certified by any officer in British India, or by any officer in any Native State in alliance with lIer Majesty, who is duly authorized thereto by tho Governor General in Council, to be genuine:. Provided that such document is substantially in the form
,

~'fi"Sdof J:er
1 e cople:;,

and purports to be executed in the manner directed . . by law in that behalf.

The Court shall also presume that anJ" officer by whom any such document purports to be signed or certified held, when he signed it, the official character

which he c]aims in such paper.

J
"

80. Whenever any. document is produced be- P1CsumptlO~ fore any Court, purporting to be a'record or 'memo-. moDts as to doell.' ' protl d f d f ran urn 0 1e eVl- ence, or 0 any pal tJ0 f.:-t b .to evIC 1 once, duced as . given by a witness in a judicial proceeding or before rec!ordnf
any by law to take ~- Qffieer authorized .
; .

such evidence,
or 4;)

evIdence.

"

Evidence.

r ACTI

or to he a statement or confession by any prisoner or accused person, taken, in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presumethat the document is genuine; that any, statements as to the circumstances under which' it was taken, purporting to be made by the person signing -- ,it, are. true, and that such evidence, statement or confession was duly taken.
d on Gaze tt e, neW8papers, every d ocumen t purpor t Ing t 0 b e th e L Ort p~'ivat,e, Acts or the Gazette of I rtdia, or .the Government Gazette
~~X~'~h:~ent of any Local Government, or of any colony, dependdocuments-elley or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament printed by the Queen's Printer, and of every document purporting to be a document directed by any law to ~e kept by any person, if such document is kept substantially in the form required by law and is produced fror nt'oper custody. Presumption 82. When any document is produced before any a \t:~ (l l C lm en. t Court, purporting . to be a by the law ..document which, h b I d admissible in In force for; t e tIme mng In Eng an or. I reland,
.
.

Presumption as to Gazettes,

81.

The Court shall .presume the t) O'enuinenessof

l~}!lgland,would wIthout, proof

of seal or

bignaturc,

,. C our t 0 f JUSt Ice In E ng 1an d or I re I~n d, WI tl lOUt prUU;L stam p or siO'nature of the sea lor authenticatinO' . I:) 0 it ,
.

be :admissible in proof of anr particula...: . in any

.

or of the ,judicial or official character claimed by the person by whom it purports to be signed,tt :" Court shall presume that such seal, stamp or signature is genuine, and that the person signing it held" at the til)),cwhen he signed it, the judicial or official.(' characterw hich he claims, , and the' docurnent shall be admissible for th@ same purpose for\ which it would be admissible in , Englantt oi~Ireland.
Presnmpholl as to maps or plans made by authority of Govci'nment.

83. The Court shall presume that mal)s or plans purporting to be made by the authority of Governn1ent were so made, and are accurate; but lliaps or plans made for the purposes of any cause must be proved to be accurate. , .84. The . .In

II

1872. ]
.

J.!LV'l

L1 '

d -,ence

<.,

84. The Court shall presume the genuineness of PI'(,!',l1mrt,ioll ~f::~;g every book purporting to be printed or published ~i~~~
under the ,authority of the Government of any country, and to contain any of the laws of that country, andr~P?l'ts ofdeclSlons.
Presumption as to powersof-attorney.

and of every book purporting to contain reports of decisions of the Courts of such country. 85. The Court shall presume that every. docn... ment purporting to be a power-of-attorney, .and to have been executed before, and authenticated, by; a Notary. Public, or any Court, Judge, Magistrate, British Consul or Vice-Consul, or representative of Her Majesty or of the Governn1ent of India, was so executed and authenticated.
. .

.udicial'record to be a certified copy of any J Purp ortinO' 0 . ,0 ,

.

86.

The Court may presume that any document Presumpt~i?n

as ~o certified

of any country not formIng part of Her Majesty s f?rejgnjudi~ dominions is genuine and accurate, if the document mal records.

copIes of

purports 'to be certified in any manner which is 'certi-J1:;:t::;/iSf fled by any represe!1.tati,:eof ~er Majesty or of the'.. 1/i"'1fi: ~~d;
Government of IndIa resIdent In such country to b~~~/-d-4-. I the manner commonly in use in that country for the certification of copies of judicial records. 870 The Court~ may presume tb,at any' book to as Presumption to bouks ~ o.{.> h h t t f tt W IC I may re.Ler .Lor ID..LOrmaIon on ma ers 0 mapsand' public or general interest, and that any published map charts.
t1
.

fJ:

or chart, the statements of which are relevant - facts,

and which is produced for its inspection, was. writte1;l and published by the person, and at the time and place, by whom or at which it purports to have been

,vritten or published.

"

....

88. The Court may presume that a message; fork warded 'from a tele g ra p h office to the Person to whom such message purports to be addressed, corresponds with a message delivered for transmission atthe office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such .message was delivered for transmission. 890 The Court shall Presume that everv document . ,
. '.
81

Presumption
as to ~elegrap h ICmes-

sages:

&;;

Presumption astodue called for and not produced after notIce'to produce, execution, was .attested, stamped and executed in thee manner mentsnot &c"of doeub 1 d req U'tl'e y a\V .,i produced.

90.

"There 4,7

1!}oidence.
-rresumption as to dOCllmellt8 Ulirty years old

l ACfl' f

90, 'Vhere any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other 11artof such document, which purports to be in the handwriting of any particular person, is in that person's hand.writing, and, in the case of a documen~ executed 01' attested, .that it was duly executed and attested by the persons by whom it purports to be executed and ,,attested. '

Explanation.-Documents are said to be in proper custody if they are in the place in which, and under the Qa,reof the person with whom, they would natul'all~,be; but no custody is improper if it is }> '0ved. to ha-;rehad a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. l'his explanation applies also to section eighty-o~e.
Illustrations.

"

'"

(a.) A has been in possession of landed property for a long'

tir)1e. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper. (6.) A produces deeds relaiing to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is propel'. (0.) J.\., a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody is proper.

CHAPT:ER VI.-OF
Evidence of terms of con tracts, gr:tlits [Lnd other dispositious of property reduced to form of Jocument.

THE EXCLUSIOK OF ORAL BY

-~~

DOCUMENTARY EVIDENCE.

91. When the terms of a contract, or of a grant, or of :1ny other disposition of property, have been reduced to the form of a document, and in all cases in 'which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefol'e contained. Exception I.-When a public officer is required by law to he appointed in writing, and when it is shown that
.

~t)

so

" 1872. ]

Evidence.

,\
,c.

that any particular 'person has acted as such officer, the writing by -which he is appointed need not be proved. ,

Exception 2.- Wills under the Indian Succession

Act may be proved by the pr.obate. r Explanation I.-This section applies t:.-}ually to' cases in which the contracts, grants or dispositions of property referred to are. contained in one document, and to cases in ,vhich they are contained in more documents than one. Explanation 2.- Where there are more originals than one, one original only need be proved. Explanation 3.-The statement, in an~- dOCUDICl1t 'vhatcver, of a fact other than the facts referred to in this section, shall not preclude the .admission of oral evidence as to the same fact.
. .

".-~-

Illustrations.

,
,

(a.) If a contract be contained in several letters, all the letters in which it is contained must be proved. .(u.) If a contract is contained in a bill of exchange, the

bill of exchange must be proved.

(c.) If a bill of exchange is drawn in a set of three, OIle only need be proved. '(d.) A contracts, in writing, with B, for the delivery of indigo, , upon certain terms. The contract mentions the fact that B had })aid A thg price of other indigo contracted for verbally on an~ -other oc~asion. ,

j~

Oral evidence is offered that no payment was wade' 101't.hfJ other indigo.. The evidence is admissible. je.r A gi' B a receipt for money paid by H. .Oral cvidem~,-, 'is 'offeredof the payment. The evidence is admissible.
.

92.

When the tcrlTISof any such contract, grant or

other disposition of property, or any lllatter req uired by la~ to be reducerd to the form of a document, h,ave been proved according to the last sec~ion, no evidence of any oral agreement or statement shall he adn1itted, as between the parties to any such instl'ulllCI+t or 'their representatives in interest, for the }Jurposeof contradieting, varying, adding to, or ::;ub~ t"racting froIn, its terms:

Exclusion d evidence of oral a.g!'ee. mellt,

.
..

PrOLWiO (1)
'

,Hi

~!

/
-r
/

/ /

EJ)idnl(x.

,-

.\CT

. r

...

---

}) J'(kIM)(]}---Any faet rnay he proved which would inval{;i~te any doclUl1ent, or which would entitle any pcn;on to any decree. or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity itr an~ycontracting party, want of failure of consideration, or mistake in fact or lavv. Ppoviso (2).-The existence of aJ1V separate oral :_J,~:l'f'('mcnt as to any Inatter on which document is
~;ilen J and which is not inconsistent

ith its terms,

or not this
i
-

-'!

11laybe proved.

In considering

wheth,

,.,--

proviso applies, the Court shall have

~ard to the
,,-

degree of fornlalityof the document.

Proviso (3).-The existence of any separate ,ora~ agl'COnlent.,constituting' a condition precedent to +,be attaching of any obligation under any such contract, grant 01'dispcsition of property, may be prr,.,...~;J ]Jpo'viso(4).-The existence of any distinct subse. quent oral agreenlent to rescind or modify any such oontract, grant or disposition of propert-r, may he proved, except in cases in 'which such cor .Ltact, grant or disposition of property is by law-required to be in writing, 01'has been registered according to the law ill force' for the time being as to the registration of
flOCU111ents.

.'

. .
--+.-' \

lJ1~oviso(5).-Any usage or custom by which' inci. deni,s not expressly Inentioned in any contract are usually" allne),:ed to contracts of that descri p tion, lllav " be proved: Providpd that the annexiT'O" of such incident would not be repugnant to, or 111v0nsistent

-,.
'

with, the express terms of the contract.

,
.

]?-rr)1)-{:Y() (6) .-,Any fact may be proved which shows in ' what lUanneI' the language of a document fs ,,-~~ ' 1' .'. " t t 1'1313 ;(-'(l to 8:AJstIng lac s.
Itlust1'atiMl8. (a.) A poliey 6f insurance is effected on goods" in. ships from Calcutta. to London." 'fhe goods are shipped in a partirular ship which is lost. The fact that that. particular ship wat, orally excepted from the pohcy, cannot be proved. (u.) AClgi'ees :-thsolutely. ill writing to pay B Rs. ] )000 on fhp firs1-1\In,I'I:'h1878. The faet that) at the same time} an oral <Jgrf'rnwnf, ';";!i' made {,hat tlH' money ghould 11ot be paid till (;hc thjrty-HrGI _M'lrch) ('nuno!. be proved.

1,

,..

(1',)

"j)

:,(i

. It)7~, I
1

f '/ '. 1 ' ,( 'O ( ]-J ,'-' r:: J i ,fe"~

'

t'

--

(c.) An estate called (the Rampul' tea estate' is ~old by a deed which contains a map of the property sold. The fact,that land not included in the map had always been regen'clod as part of the estate and was meant to p,l,SS by the deed) cannot be proved. (d.) A enters into a written contract with B to \york certain mines, the property of B, upon cert.aIn terms. A r:a.s induced to do so by a misr~presentation of B's a,s to their yahie. 'rhil'; fact ma.y be proved. (e.) A illstitutes a suit against; B for the ::;peeific perfol'Ulance of a contract, and also prays that the contraet may ,be l'eformed as to one of its provisions, :.LSthat provision \vas lllsorted in it by mistake. A may prove that such a mistake was made as would by law entitle him to lw.\'e tb' eontract reformed. (f) A orders goods of B by a letter in which nothing- is said as to the time of payment, and accepts(jhe goods on delivery. B sues A for the price. A may show that the goods were supplied on 'credit for a tel'm still unexpired. (g.) A sells B a horse and verbally warrants him sound. A gives B a paper in these words: 'Bought of A a horse for Rs. 500.' B may prove the verbal warranty. (h.) A hires lodgings of B, and gives B a card on which is written-' Rooms, Rs. 200 a month.' A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and ~Lregularly stamped agreement, drawn up by an attorney, is made between them., It js silent on the subject of board. A may not prove tlmt board was included in the terms verbally. (i.) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount, A may prove this.
'

}-

(j.) A.and B make a contract in writing to take effec'tupon the happening of a certain contingency. '1'he writing is left with B, who sues A upon it. A may show the circumstances . under which it was delivered.

93. When the language used in a document is, on its face, ambiguous or defective, evi4encemay not be given of facts which would show its meaning or supply its defects.
Illustra tiO1Z8.

Exclusion of evidence to explain or amend

all 'guous do\:l.. 'ent.

.
,

'

((1.) A agl'e,cs, in writing, to sell a horse to B for ( Its. 1,OOO) or Rs. 1,500.' .

Evidence cannot he given to show which l~rice was to be gIvel!.

,I.J/ ..:\.
C' I

, J.

'.

"
1!}oidenCf.
I

.
I.

A.C~tI

A titled contai n~ bIankfl. Evidence cannot be g';~Ten of filets wl.ieh would show how they \vere meant to h" n(.I),)

}~xeluslon 01 ;~videnee against applib cation of document to existing facts.

94.

When

language

used

in

..

.IS

plain in itself, and when it applies ac ing facts, evidence may not be giYI ,was not meant to apply to such' ~'6 IUustratio
A sells to B, by deed, 'my es~
blghas.' A has an estate at Hall'
j'

tit

100

. Evit to be,.
.~o size.

,-

Evidence as to docnment plain in itself, but.L~ -- -"" ing nnmeamng 111 Ji"eference to ing f~cts, evide~ce may be given existing fads. used In a peculIar sense.
l

dence may not be given of t1sold was one situated at a ;I: '" 95. When laD' -

:..ucuriient is in .I'efe! Jnce to existjo show' tl1at J~, 'Yas

~
" ,

0:;,

/-,/-'

J,llustration. A sells to B, by deed, 'my house in Calcutta.' A had no house in Calcutta, but it appears that he had a house at Howrab, of which B had been in possession since the ~~~ecntion of the deed. These facts m~y be proved to show that the deed related to the house at Howrah.
.

Evidence as to application of language which can apply to one only of several persons.

96. When the facts are such that the language. used might have been meant to apply to anyone,' and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which snow which'of those persons or things it was iDtended to apply to.. . Illustration8.
(a.) A agrees to sell to B, for Rs. 1,000, 'my white horse.' A has two white horses. Evidence may 1)egiven o fasts which i show which of them was meant. I
"
;

(b.) A agrees to accompany B to Haidarabad.. Evidence may be given of facts showing whether Haidarab6.d ill e.: Dekkhan or Haidanl,bad in Sindh was meant. .
Evidence as to applieation of language to one of two sets of facts, to neither of which the whole cor. redly applies.

97. When the language used applies partly to ,~ one set of existing facts, and partly to a:...: ~i> set of existing facts, but the whole of it doe~ ~\ apply
. <I

correctly to either, evidence ID.aybe giVbu to show to which of the two it was meant to apply,
Ill1udl"ruion. ,

52

<""

1872.

Evidence.
Illustration..

A agrees to sell to B 'my land at X ill the ocenpation 01' Y.' A 'Ims land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may he given of facts showing which he meant to sell.

98.
. . ,../
~.

Evidence lnay be given to sho\v the rneaning

of illegible or not colnmo111yintelligible cl1aracters, of foreign, obsolete, technical, local, and provincial expressions, of abbreviations and of words used in a
pecuJ,iar sense.
illustration. A, a sculptor, agrees to sell to B 'all my mods.' A has both models and modelling tools. Evidence may, be given to show which he meant to sell. .

Evidence as to meaning of illegible characters, &c.

99. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contelnporaneous

agreement varying the terms of the document.

Illust1'ation.

Who may. give evidence of agreement varying terms of document.

I'

A and B make a contract in writing that B shall seUA certain cotton, to be paid for on delivery.' At the same time they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it

might be shownby C, if it affectedhis interests.

100. Nothing in this chapter contained shall be taken to affect any of the provisions of thr Indian Succession Act (X of 1865) as to the collJtruction of wills.

Saving of provisions of Indian Succession Act relating to wills.

PARTIll.
)--.

PRODUCTION AND EFFCT OF EVIDENCE.

CHAPTER VII.~OF
,

THE BURDEN OF PROOF.

Burden of proof.

101. Whoever desires any Court to give judgment

~'

as to any legal right or liability dep3ndent on the existence of facts which lie asserts, must prove that those facts exist. When a perso.n is bound to prove the existence of any fact, it is said that the burden of proof Hes on
that person.'

.
II/I ".'}'((fWJl8.

. .

. :J;5

"",

Jf}()it! ell t:(~. Iltush"atzo1t8.

l.

I A(!r

'r
~ ~, ~.,

';

(II.) A de~;il'e8a Court to give judgment that B shall I)t: fillllished for :.;, crime which A says B has committed. A must .i~rovethat B has committed the crime. (b.) a desires a Court to give judgment that he is entitled to cel'ta~n land in the possession of B) by reason of facts which, he assel~ts)and wljich B denies) to be true. 1- 'n ',tjprove the existence of those facts.
1 G,'
I

.
)

-i

On whom burJ...u uf prout' lies.

mhe burden of' proof in a suit or pl'oeeed..

'

jug Ii&; on that pe1'scm'ut'howould fail if no evidence

at all were gi~en on

(Lt.)

si(1e.

IU3tst-tatio'!Z8.

,~...

A sue~.' B for land of which B is in possession) and . which) as A asserts, was left to A by the will of C, B's father. If no eviJcl1Ce were given 011either side, B would be entitled i 0 retain. h~s IJossession. 'rhCl;efol'e~~he burden of proof is on A. (b.) A sa!!s B for money due on a bond. '1'he ext'~~ntionof the bond is admitted, but B says that it was oJitailll'd :,y fi'and, which A denies. ] f no evidence were given on either side, A would succeed) as the lJOllllis not disputed and the fraud is not proved. Therefore the burden of proof is on B.

Hnrdt'll or
}11'(ll)r :t~ to }'al'l icular tad,

103. The burden of proof as to any particular faet lies on' that person who wishes the Court to, 1elicve in its existence, unless it is provided by any law that the proof of that fact shall lie on any parti.. cular pcrson.
IlltUs{ratiou. (a.) -'~ prosecutes H for theft, and wishes the Court to believe th~lt 13 admitted the theft to C. A must prove the admis::;ioll, --(
;/

n wislH~s the Court to believe that, at the time in question) he was elsewhere. lIo must prove it.
Dlll'(kn of }inn i!I:";'Jild to Lt, I'l'u\'nl

to JI1:tb:.
('\'jdclln' adlJli;:;si]']t.

104. The burden of proving any fact necessary to ho proved in order to enable any person to give oviucnce of any other fact is on the 1Jo1'son who 'wishes to give snell evidence.
Illusti'atioltS.
(II.) ~\. \\"i:-;hC'ij t., !'J'I"'" B\ ,I, ;ttli !'l'uVl' a dyiug' declal'atil./l1 I./}' D"

A lllU8l
:. fi, )

. ,..;...

,,;,1

"

. 1~~9 ;.;. -, J
(

Evidt."11,(J(

,(b.)
,

A wishes to prove, by secondary

,

evi(1

"V~'.
,

4,

1..ents of a Jost document.

"
C vS'",-/-.

A must prove that the document has been

e of' l1atUl'a.
~ l)l'iYate L
<'

105.
bringing
~

When a person is accusel

the case within any of the Ge1~

bu~
caSj

the burden of proving the existence

,exception or proviso contained

' ~ ~.(., ~'lCU.l.c1r ~. "'~.c ~

,...'" c'i""J' IZ>N ~:...~~~ .:,. ~.IZ> ~~~ ""'.$'"~ 'O.u;.

in the Indian Penal Code, or within

in any OtlHh

f$

-., the saIne Code, or in any law defining the offeL. upon l~hn, and the Court shall preSU111C the absence
,

~ -",s; . ~ '0 0 0'0. .$-, ~ the

such circumstances.
, (a.),

IZt,ltstl'atiolls.

A, accused \. ,murder, alleg-es-that, by reason of

tinsoundness of mind, he tLidnot kno\v the nature of the act.

,

The burden of proof is on A.

(b.) A, accused of murder, alleges that, by grave and sudden provocation, 'he.,:wasdeprived of the power of self-contl~ol. Tho burden of proof is on A. (c.) Section three hundred and twenty-five of the Indian Penal Code provides that ~llOever, except in the case provided for by' section three hundred and thirty-five, voluntal'iJy causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section three hundrpr" 11d twenty .five.
.....
, ,

..

i,

If

The burden

0r ..:- -. ~g the circumstances

bringing

the case
'

under section three hundred and. thirty-five lies on A.

106. When any fact is especially within the knowledge of any. person, the burden of proving that fact is' upon him.
Illustrations. (a.)
,

Barden of proving fact especially within

.

knowledge. .

"\Vhen a, person does an 'act with some intentiol1 other

,

tlian tb~t which the character and circumstances of the act..sng.

'/

}-, ger-., ,- ~ the burden of proying that intention is upon him. (b.) A is charged with travelling 01'\ qr'l':i',ilway'witho~lt a.
'"

ticket.

rrhe burden of proving th~t he 1 ,

ket is on him.

].07.

When

the

question --is whether

a- Inan is

Burden of

alive or dead, and it is 'shown that' he was alive aro;~n~. withirl thirty years, the burden of proving that he p:~son~nown
is dead is on th"}person 'who affirms it.
, ' .
'

to. have, be,ell alnoe wIthIn

4-hirtyyears.

108. When thc, question iS~lcther anlan :~'1live Burden of or dead and it is Proved that he has not hcml heard pro\'ing tb~t
of
.

for

'

penCil 1:'; ah,'c

seven

Yq~

hy- tho~

,110 \vanId
. ,.:.'\
,

l1atnrally
.

whoLa:-: lid
. . ,.,1 ,

..

II'IV(' c.,
,-, ,\

j1CI

' '~C.l1"l 'l' ,'. l ' " " . I''

Yf';I,

r}ut(le;uJc.

t AC'f

1.

,c heard. of hinl if be had been alive, the burden of 'l'oving that he 'is alive is on the person who affirms it-., 109. 'Y" ~en the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceas0d to stand, to each other in those relations'hips respectively, is on the person wlio

affirms it.

"~"T

'

Burden of proof as to ownership.

110. When the question is whether any person is owner of- anything of w"hich he is shown to be in possession, the burden of proving that ~e is not the owner is on the person who affirms that he is not the owner. Ill. Whe:ce there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transtLction is on the party who is in a position of active confidence.
] llnstJ'atio1l8.

Proof of ~'ood faith in transactions where one party is in relation 'of active
~oufidelll~iJ ,
L~,.

(a.) The good faith of a sale by a client to an attorney is in <1 uestion in a suit urough t by the client. '1'he. bul'de~t of proving' the g'ood fhith of the transaction is on the attorney. (b.) The good faith of a sale by a son just come of age to a fathcr is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

Birth dLU'ill~' JII:ll'l'la~C, '('dIlC!IISi ve 1'1'001' of

ll'g-itim<o.cy, '

112. "1.'he fact that any person "vas born during'

tho continuance of a valid marriage between his ll10ther and any luan, or within tw'ohunched and eighty. days after its diss,>lution, the mother remaining Ulllllal'ried, shall b conclusi ve proof that he is tho,-{ legithllate son of ,~at man, unless it can be sho\vn that' the parties to the marriage had no access to each other at any time when he could have been begotten. 113. ,A notification in the Ga,zette of Ittdia that any portion of British territory has been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the date 111cntioned in such notification. 114. The Court may presume the existence of any
. facj' which
.) h

Proof of "('ssiol1 of territory.

Court. llla~' presume cxisknce 01 rcertain fill:h,

it thinks

likolr

to have haplwllcd,

rcg'nrd
' 1'1"'" 1 jt.: 1,,'i;.'
,

1872. J

Evidellce .

being had to' the' comn10n course of' natural events, hUlnan condllct and public and private business, in their relation to the facts of the particular case.
Illustrations. The Court may presume(a.) That a man who is in possession of stolen goods soon after the theft is either the thief or has rc0oived the goods knowiI~g them to be stolen) unless he can account for his. possessIOn; (0.) That an accomplice is unworthy of credit!) unless lw is corrobol'ated in material particulars; (c.) That a bill of exchange, accepted or cnuorsed, was accepted or endorsed for good consideration; . (d.) That a thing 01'state of things which has been sho\vn to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence; (e.) That judicial and official acts have been regularly
,

r -

per-

formed;

(f.) That the common course of business has been follow.. cd in particular cases; (g.) That evidence which, coulU he aml is not produced would, if produeed) be unfavourable to the person who with~ . holds it; (h.) That if a man refuses to answer a question which he is not compelled to answer by law) the answer, if given, would be unfavourable to him; (i.) That when a document creating fin obligation is in the hands of the obligor, the obligation has been (lischarged. But the Court shall also have regard to such facts flS the following, in considering whether snch maxims do 01' do -not apply to the particular case before it :As to illustration (a)-A shop-keeper has in his till. a marked

,'-

rupee soon after it was stolen, and cannot account for its posses- .
sion specifically, but is continually receiving rupees in the course of his business: As to illustration (b)-A) a person of the highest. character, is tried for causing a man's death by an act of ncgligence in

arranging certain machinery.

. B)

a person of equally good

character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common . carelessness of A and himself: As to illustration (b)-A crime is committed hy severnl persons. A, Band 0, three of the criminals, are captured Oilthe t~P()t'::md kept npal't. from each other. l~ach g-ives an account

i.',

;,\ 'j

~
~

BVlclence.

tAUT

.
"..,

of the crime implicating D, and the accounts co1'l'ohorate each other in such a manner as to render previous concert highly improbable: . '" As to ill'lstration (c)-A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant per80n, completely under A's influence: As to illustration (d) -It is proved that a river ran in a certain course five years ago, but it is known that there have been floods sin'ce that time whic~ might change its ('ourse: As to illustration (e)-A judicial act, the regularity of which is in question, was performed under exceptional circum~tances: As to illustration (f)-The question is, whether a letter was l'eceived. It is shown to have be~n posted, but the usual course of the post was interrupted by disturbances: As to iUustI'atioll (g)-A man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family: As to ilJustration (h)-A man refuses to answer a question which be is not compelled by law to answer, but the al1swer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked:
'

'.

.--'-~

As to illnstration (i)-A bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.

CHAPTERVIII. -ESTOPPEL. E:'.toppel. 115. When one person has, by his doolaration, act or omission, intentionally caused or permitted' another person to believe a thing to be true and to act upon such belief, neither he nor his represe~tative shall be [,Howed, in any suit or pl'oceedingbeb,reen himself and such person or his representative~ to deny the truth of that thing.
1 ZZust1'atiO1t.

-{,

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land affierwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had 'no title. He must not be allowed to prove his want of title.
ERtoppeiof
tkna,llt j

116. No tenant of immoveable property, or petson claiming through such tenant, shall, during the con. tin nan ce

58

--:

1872.J

Eoidence.t

tinuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immoveable property; and no person who came upon any imIlloveable pro. andoflie en-

perty by the license of the person in possession there. i~ep~~s~:~i~: a title to such possession at the time when such
.--

of, shall be permitted to deny that such person had

license was giyen. 117.N 0 acceptor of a bill of exchange shall be Estoppel of permitted to deny that the drawer had authority . .to bill ~eeptor of . of exd raw sueh b11 l or to en dorse It; nor sh a11 any. b aIlee change, bailee
e

licensor hau) .titthe time when the bailment or license commenced, authority to make such bailment or grant such license. Explanation (l).-The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation (2).-lf a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them. as against the bailor.'
CHAPTER lX.-OF W:t;TNESSES.

or licens,- ',-, permitted to deny that his bailor or

or licensee.

lIB. All persons shall be competent to testify Wh~.may unless the Court considers that they are prevented testIfy. from understanding the questions put to them, or.from ; giving rational answers to th~e questions, b;- tender years, extreme old age, disease, whether of body or }-- mind, or any other cause of the same kind. Explanation."";'A. lunatic is not incom.petent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.,' 119. A witness who is 'unable to speak may give Dumbwit.

his' evidence in any other manner in which he can

make it intelligible, as by writing or by signs; but such writing must be written and the signs made in op,en Court. Evidence so given shall be deemed to be' oral . evidence.
120.. In
;"',0 uu

nesses.

})videJwe.
'a~ies.to, 120. In VII SUIt, an.l . I t teir\\'ivrs or SUI, anc t JlC
'

~\C'l' I

all civil proceedings the parties to the .t 'J! h USb an d or WIle f 0 any par t y t 0 th e ,SUI,
'
'

, .

shall be conlpetent witnesses. In crhninal proceed~usb:1l1d 01' ings against any person, the husband Oi" 'wife of such' wlfe?f P?rscJl erson res ectivel shall be a com )etent witness y p I underCl'I- P "
usbands..

minn.ltria!.

'

JuJ:::esand

121.

1rfaglstrates: the special order of some Court to which he is sub- ordinate, be co111pelledto answer any questions as to his o,vn conduct in Court fiSsuch Judge or Magis", trate, or as to anything which caIne to his knowledge in Court as such J uclge or Magistrate; but he may be examined as to other nlatters which occurred in his presence whilst he ,vas so ~cting.
Illltstrations. (a.)' A, on his tl';allJefore the Court of Session, says th(l,t a deposH.ioll WRSimpropcrly taken by B, the :Magistrate. B cannot be compelled to answcr questions as to this, except upon the . special ordcr of a superior Court. (b.) A;5 accused before the Court of Session of having g-iven false evidence hefore B, a Magistrate. 13cannot be asked what A said, except upon the special order of the superior Court. (c.) A is:I~('uscd before the COl~rt of Session of attempting to murder a Police o111cer whilst on his trial before 13, a Sessions Judge. 13 may be examined as to what occurred.

~0 Judge

or Magistrate shall, except upon

...

.
.
Communica" t'10118. l' ,_,url11g'

122.

N0 p~rson who is or has been ll1arriccl,shall

he conlpellccl to disclose any communication nlac1eto hinl during nlarriage by any person to whom he is or has beon nlarricd; nor shall he be permitte4 'to disclose any such commuTI;ication,unless the person .who Inade it, or his representative in interest;' consents, except in suits between Inarried persons, or proceedings in which one married person is prosecuted for any crime committed against the other. . E\'i/kncc' ns 123. Noone shall be permitted to give any to ai!;1inj oI" evidence del'ived from unpublished official records State. relating. to any affairs of State, except with the permission of the officer at the head of the clepart11lcnt concerned, who shall give or withhold such per111issio11 as he thinks fit. Officialcom- 124. I~0 public officer shall be compelled to munications. disclose colnmunications Inade to him in official confidence, 'when he considers that the public inteJ;ests . would suffer by the disclosure.
marriage.

-\. .

125.

~o

60

~1872,]

Evidence.
Information as to commission of offences,

125. No Magistrate or Police officershall be compelled to say whence he got any information as to the commission of any offence.
.

'--,

126. No barrister, attorney, pleader or va3d1,shan Pl'ofcs81o11nl eommUll1Ca~ at any tinle be permitted, unless .with his clicnt's tions, express consent, to disclose any COln111Unication nlade to hilll in the course and for the purpose of his ern.. ployment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in tp.e course and for the purpose of such employment: Provided that nothing in this section shall protect froIn disclosure(1) .Any such communication made in ~urther.. J ance of any criminal purpose; , (2) Any fact, observed by any barrister, ,pleader, attorney or vakil, in the course of his employn1(~nt as such, showing that any crime or fraud has been comnljtted since the commencement of his employ.. melJ.C. It is iulluaterial whether the attention of such bar.. rister, attorney or vakil was or was not directed .to such fact by or on behalf of his client. Bxplanation.-The obligation stated in this section continues after the employment has ceased.
j .

IZZust1'atiolfts.

(a,) A, a client, says to B, an attorney-' I have committed forgery, and I wish you to defend me.' As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (0,) A, a cJient, says to B, an attorney-' I wish to obtain possession of property by the use of a forged deed on which I request you to sue.' This communication, being made in furtherance ofa criminal purpose, is not protected from disclosure. (e,) AJ being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account-book, chargi,ug A with the sum said to have been embezzled, which ,. entry 01
.

EJ;idence.

. [ ACTI

r
~() applyto'

entry was not in the book at the commencement of his employment~ This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from
disclosure.' .

~eetioll12G 127. The provisions of section one hundred and twent y -six shall apply to interpreters, and the clerks wterprdel'i' . . .Yc. 'or servants of barrIsters, pleaders, attorneys and-

valdIs.

"1'""

Priril('(y" not wain'd'-'IJ\' vo!lIntl:el:ing evidence.

.128. If any party to a suit g'ivesevidence therein at his own instance or otherwise, he shall not be deeme ~ to have consented thereby to such disclosure ~',1 i~ n1entioned in 'section one hundred and twenty -six; and i( any party to a suit or proceeding calls any such harrister, attorney or vakil,as a witness,

he shall be .

-A.led to have consented to such disclo'.

\. ;

Con fldclltial ('OHlllllIllll'a. tinns with ll'g;d all " i"t'l"s.

sure only if he questions such barrister, attorney 91' vakil on matters which, but for such question, he would not be at liberty to disclose. 129.. No oue shall be compelled to disclose to the Court any confidential communication which has taken place between him and. his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which, he has given, but no others! 130. No witness who is not a party to .a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee, oi any'-\, docun1ent the production of which might tend to criminate hiln, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

Production of title-deeds of witness not a party.

'

'/ .

Production 131. Noone shall be compelled to produce docuof.documents luen ts in . . whlChanother . his possession, which any other .f th person would I f d b j person,havinge en tIt (:\ to re use to pro uce 1 ey were In h IS
possession, . such last mentioned person consents . unless could refuse possession, h d to produce. to t ell' pro uctIon.
"

132,

DZ

..

1872. J. 132.
matter

E11idcllce.

A witness shall nat be excused from "'answoras to. any matter relevant to. the
in issue in any suit 0.1'in any civil 0.1'cdminal

'Witnessnot
~~~~~~~:ll~j~~ gl'o1!lld th~t.
~1.J.S\~Cl:WIll Cllllllnate.

ing any questian

praceedin~, to. such ' , - upan" the graund that the answer ' d 11 t d 1 questian WI crImInate, 0.1'may en. Irect y or In-

directly to criminate, such witness~ 0.1' that it 'will expo.se, or tend directly or indirectly to. expose, su0h
. ""~ witness to. a penalty 0.1'farfeiture af any kind:

.s

Pravided that no. such answer, which shall be campelled to. give, shall, subject arrest or prasecution, 0.1' be praved against criminal praceeding, except a prasecutian false evidence by such answer. .

a witness Proviso, him to any hint in any far giving

.,

133, An accamplice shall be a campetent witness ~ccomplicc~ against an accused persan; and a conviction is nat illegal merely because it praceeds upan the uncar;rabarated testimany af an accamplice. 134. No particular number af witnesses shall in Number cf' any case be required far the praaf of any fact. witnesses.
.

'"

CHAPTER X.-Q]'

THE EXAMINATION OF WITNESSES,

135. The arder in which witnesses are pr'aduccd Order of 1)1'0by the law U!lct . b ' . ' and ductj~m ('x:vnmatwn I t t th t 1 an d 1:)[' practice are Ime elng re a lUg 0 CIVI \~itnesses,.and .examined shall be regulated ' , criminal pracedurerespectively,
'

and, in. the absence.

of any such law, by the discretian of the Caurt.

". of
/'

136. When either party prapases to. give evidence JUdgB to de. any fact, the Judge may ask the party propasing' ci~e .as hi ,". : lll~sslbJl1I'J' 01 to. give the evidence in what manner the alleO'edfact b .' evIdence. if praved, wauld be relevant;. and the Judge shall admit the evidence if he thinks that the fact, if IJl'aved, wauld be relevant, and not atherwise.
.

If the fact propased to.be praved is "one af which

evidence is admissible anly upan praaf of" same 'ather fact, such last-mentianed fact must be praved before evidence is given af the fact first mentioned, unless the party undertakes to. give praaf o.f such fact and tho Caurt is satisfied with such undertaking, If ~" 'J~)

Evidencr!,

ACT I

If the relevancy of one alleged fact del)ends. upon another ':!Jleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before eyidence is given of the first fact.
Iltu8trations. (Ct.) It is proposed to prove a statement about a rdevant fact

-- :'

by a personallegedto be dead, whichstatement is relevantunder

section thirty-two. . The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of
the statement.
'

(b.) It is proposedto prove, by a copy, the contents of a document said to be lost. The fhet that the otiginal is lost must be proved by the person proposing to produce the copy, before the copy is produced. (c.) A is accused of receiving stolen property knowing it to have been stolen, It is Pl'()posedto prove that he denied the posseSSIOn of the property. 'J'he relevancy of the denial depends on the identity of tho property, The Court may, in its discretion, either require the property Co be identified beforethe denial of the possession is proved, 01' permit the denial of the possession to be proved before the property is identified. (d.). It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in issue. rrhere are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be regarded as the cause 01' effect of the fact in issue. rrhe Court may either permit A to be proved befol'e13)C 02'D is proved, or may require proof of B, C and D before permitting proof of A.
Examinationin-chief. Cross-exami. na-tion, ne-examination.
OrdC1' of examinations. Direction of
l'\3-eXa11ll11a-

who calls hi1ll shall be called his examination-in-chief.

137.

The examination of a witness by the party

.4"

The exarnination of a .witness by the adverse party shall be called his cross-examination. The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination. 138. Witnesses shall be first exanlincdkin-chief, then (if the adverse party so desires) cross-examined, then (if the party calling llim so desires) re~exaI~lined. 1']w

!ion,

(j}

1872. J

Evidenoe.

The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. The re-exrlIr.dnation shall be directed to the explanation of matters referred to in cross-examination; and if new matter is, by permission of the Court,
,

_. introduced in re-examination, the adverse party may further cross-examineupon that matter.
139. A person summoned to produce a document does not become a witness by the mere fact that . . t t an d canno b e cross-examIne d un 1ess h e proc 1nces I, and until he is called as a witness. 140. Witnesses to character may be cross-examined and re.examined. 141. Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. 142. Leading questions must not, if objected to l)y the adverse party, be asked in an examination-inchief, or in a re-examination, except with the permission of the Court. The Court shall permit leading --questions as to matters which are introductory or undisputed, or which have, in its opinion, been already su~ciently' proved. 14~. .Leading questions may be asked in crossexan1inatiOn. .

'

Cross-exam ination of person called toproduce a document. < Witnesses tocharacter. Leading' questions. When they
m~s~not be
as ~e

maybeasked.

When they

>-

144. Any witness may be asked, whilst under Evidence examination, whether any contract, grant ~s to ~atters . ..or other . 11l,Wl'ltIU . ' . . h h h t t t . d ISpOSIIon 0f proper y, as ,0 w IC e IS gIvIng' evI"'o
dence, was not' contained in a document, and if he says that it was, or if he ~sabout to make any state-, ment-as to the contents of any, document, which, in the opinion of the Court, ought to be produced, the adverse party may object to, such evidence being given until such document,is proouced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Explanation.-A witness may give oral evidence of statem~nts made by other persons about the contents
#,

G5

.b/iiiC)i,){)

l AU'I' I
statements are in them-.

.:::,h..c'" l "': ! vp nt i'.lcts .

, ...1" "J ,'\.oo
i),T -'

',';:!:. ,;1 fluclHllenh; if such

.'() c.".,
,

1 , ,. ,n:1Pi1; 1 1 -~~l,
,'I 1

,>

lltU8trpation. ' ' '~... i.1 ') s '~~a n l r.n V\~I 1'1 'n' 1 ~~'L_."") .. VU --:1,._~V...l1 D .
i 'l .'\ u'j

" CJ.

t e a Iewr t accusW1'O ing' me of theft) and I will 'be l'r "~.nged011hirG.' 1'his statement
\.; (18P..)83,} :j;lalJ no ilcan: 1 h. say t'01 D -'
,',' 1 '

"

"-~

'

~::; relevant) t, 1"hr..v>.; vi. -_cl,j

""",

,tS showing

A's 11lVU4'."; for the

assault,

and evidence

l'Jl.1Ybe, given of it, though no other evidence is given about

-.'.

. tl,!,~"-i:.\,lIH' ,145. A witness may be cross'~examined as to pre. to ilJatiilll.:lsvious staten1ents made J.by hhn in writinO' . b or . reduced' . . 1'1\'\'IIJlto .
~Ld('Jl\(\nh Ii" IIIt 0 wrl t lng,
o

\\'1 ifill":

out

ane 1 re Ievanli sut';h writing being

t0

ma tt ers In ques t lon, WItl1shown to him, or' being

proved; but if it is intended to contradict bim by the writing, his attention nlust, before the writing can be proved,. be called to those parts of it which are to be "..lscd for the purpose, of contradicting him. Ollc .ot :un.., 146. 'Vhon a witness is cross-examined, he may, . I~\':riil in .,' .. ','~' , III addition to the questions hereinbefore referred to, 11. '.lil'" ~.h,),~,\.lH.l' be asked any questions which tend " (1) to test his ,veracity; (2) to discover )yho he is and w~;at is his position in life, or . (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly' or indirectly to crilllinate him, or might expose or tend directly or ind~ectly to expose him to a penalty or forfeiture.
.
'

,~

"

W L,,;I \IlL.
n~;SG t.J L.; c\lupdkd a u;; \\'Cl', t,)

147.

If any such question relates to 'a matter

,~

Cu~lrt to
be :1:;1,(:(1 :~1!:1 Whell \'1; hw/;:.:: rvn:pdJe,l :\11:,\\ 1:1' t.)

relev~nt to the suit or proceeding, the provisions of section one hundred and thirty-two shall apply thereto. 148. If any such question relates to a matter not
to the suit or proceeding, except in so far as

llL'Ldc \'iLli relevant q!lC:~tjLJ;l :,1:,111

it affects the credit of the witness by injuring his character, the Court shall decide whether or not, the witness shall be compelled to answer it, and may, if it thinl{s fit, ,yarn the witness that he is not obliged to ans\yer it. In exercising its discretion, the Court ::;11:111 have regard to the following considerations:(1.) Snnh questions are prop~_'if they are of such :l nature t1d.t the truth of the imputation conv~!ed 'by
"',

01='). 1,., ~. J

Evidence,

'--

by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies: (2.) Such questions are improper if the hnputa. tion which they convey relates to lllatters so rO111otc in time, or of such a .character, that the truth of the imputation would not affect, or would affect ill a slight degree, the opinion of the Court as to the cro~ dibility of the witness on the matter to which ho.
testifies: .

(3.) Such questions are improper if there. is a great disproportion between the importance of the imputation made against the witness'~ character and the importance of his evidence: (4). The Court may, if it.sees fit, draw, froln the witness's refusal to answer, the inference that the answer if given would be unfavourable. 149. No such question as is referred to in section one hundred and forty-eight ought to be asked, unless the person asking it has reasonable grounds for think" ing that the imputation which it conveys is' wellfounded. .
IUust'J,ettiO7ls.

Question not to be asked without reasonable grounds,

(a.) A barrister is instructed by an attorney or vakil that au important witness is a dalniit. This is a reasonable grouild for asking the witness whether he is a dakait. (0.) A pleader is informed by a person in Court that an im~ portant witness is a d6.ldit. The informant, on being questioned by the pleader, gives satisfactory reasonsfor his statement. Thi~ is a reasonable ground for asking the witness whether he ,if,:1. dakait.
'-;-

(c.) A witness, of whom nothing whatever is known, is ~slwd, at random whether he is a da.lGiit. There are here no rUlsona hk . grounds for the question.
(d,) A witness, of whom nothing whatever is kno~ll, tcing questioned as to his mode of life and means of living, A'ives unsatisfactory answers. This may be a reasonable grounclior asking
.

him if he is a dakait.

150. If tne Court is of opinion that any such Clues. rroecdnr~' tion was asked without reasonahloO'founds Cn1:r1 lJ1 y , 01 b , it l11a C'I""'" o.
if it was asked by any barrister, pleader, y'.' . or attor~ (j.;:';,iti~;L
L::." Wl.J,'.~h ':,..,. J. C ..'.,tU.T'r'.l.T,:U'". ;;' ,:".',
: 1

ney, .. . report the circumstances of the ease to tho-Iligh

..

,: ,.,'1;1.\ r!.."

~i
~ "

Evidence. { AC'1I Court or other authority to which such barrister, pleader, vakil oJ attorney is subject in the exercise of
" '

'

.'

'

~ ,; .i.. ,
.'

Indecent . and scandalous . :questions.

~

his profes:..~
151~'

'.

'

'

The Court may forbid any questions or~-

quiries' which it regards as indecent or scandalous, although' such. questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be --'-'7'

Questions intended to insult or annoy. Exclusion of evidence to contradict answers to questions testing' ""Veracity.

known in, orde~to determine whether or not the facts in issue existed. 152. The Court shall f9rbid any question which 'appoors to it to be intended to insult or annoy, ,or which, though proper in 'itself, appears to the Court
'

needlesslyoffensive in form.

'

153. When a witness has been asked and has answered any question whichis relevant to the inquiry. only in so far as it tends to shake his credit by injuring his character, no evidenceshall be given to contradict him; but if he answersfalsely, he may afterwards be charged with giving false evidence. E:iception I.-If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.

, ":

.\

Exception 2.- Ifa witness is asked any question

tending ~o.impeach his impartiality, and answers i~ by denyi.~g th~ facts suggested, he maybe contradicted.
,

of fraud.

(~~)

Illu8tratious. '~:, A claim against an underwriter is resisted on the ground

, "

'

'The' claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it., Evidence is offeredto show that he did make such a claim. The evidence is inadmissible. (6.) ,~witness is asked.whether' he was not dismissed from a situation for dishonesty. He denies it. EvidelL.Je is offered to show, that he was dismissed for dishonest;y~' ' ,

-{,.

The"evidence is not' adinissible.

(c.)~, A affirmsthat on a cert~n day he sl;t~B at }jahore. A is'asked whether he himself was not on that day at, Calcutta.

He deniesit~
,

'

.
68

Evideh.~e

1,7"-

1872.J
,'"'",

Evidence.
\

Evidenceis offeredto showthat A wason that day at Calcutta}1 ~

The'evidence is admissible, not as contradicting A on, a fact' which,afFectshis cre'dit~but as contradicting the alleged fact

that B was seen on the day in questionin Lahore.

:,

!'

In each of these cases the witness might, if his denial wa~, faIse, be charged wi~h giving false evidence., ' , (d.) A is asked ,whether his family has not had a blood feud --"-- with the family of 13against whoDfhe gives evidence. He denies it. He may be contradicted on the ground that the ques,tiontends to impeach his impartiality.

154. The Court may, in its discretion, permit the Question by per~on w~o ~all~a wit~ess to put ~nr q~estions to hini ~~:y wti~:e1:s.
WhICh mIght be put In cross-exammation
verse party. '

by the ad-'
/"'1,

him to be unworthy of credit; (2.) By proof that the witness l;lasbeen bribed, or has had the offer ofa bribe", or has received any ' other corrupt inducement to give his evidence;,
(3.) By proof of former statements inconsistBnt.
, .

155. The Qredit of a witness may be impeached lb. Impeaching the following ways by the adverse party, or; withttlle credit ofwitconsent of the Court, by the party who calls him:7;.L' ness. (1.) By th~ evidence ofp~rsons who testify that they, from th~ir knowledge of the witness, believe
,

'with any part of his evidence which is liable to be contradicted;

(4.) When a man is prosecuted for rape or an attempt to ravish~ it may be shpwn that the prosecutrix was of generally' immoral character. . Bxplanation.~A witness declaring another w;itness )-- to be unworthy of credit may not, upon his ex;aminar' tion-in-chief, give reasons for his belief, but he may be .asked his reasons in cross-examination, and ,the answers which he gives cannot be contradicted, though, if they are false, he m~y afterwards be charged

with giving'ft\.lse evidence.

IZlu8trations..
.

(a). A sues B for the price of goods sold and delivered to B. C .s~ysthat he delivered the goods to B. EvideQceis offeredto show that, on a previousoccasion,he said that p,2had not delivered the goods to B.
,/ '-'--. The 6V
,

,.

, '.Ev'idence

:.l~T I

.'

.
.

The evidence. is admissible. , , , .

(b,) A i~ indicted for the murder of B. wound or which he ~ied. Evidence u;'offeredto show that, on a previous occasion,C said that the wound was not given by A or in' his pres"ence. The evidence is admissible.
,
,

C says that B, whe11 dying, declaredthat Ahaci given B the

.

r
{
j

.,
-~'

'

tendin g to con'oborate

Questions

to.

156.

"

corroborate

When a witness whom it is intended gives evidence of an y relevant

, .' , .
,

evidence of fact, he, may be questioned as to any other rele~a~t flWt, circumstances which he observed, at or near, to the . . . admIssIble, I!. t Ime or p1ace at wh IC h such re Ievan t J.ac t occurre,d if the Court is of opinion that such circumstances,. if proved, would corroborate the testimony, of the witness as to the relevant fact which he testifies.

'

Illust1'ation.
"

...
~
Former

where it was committed.

A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way. to and from the place
,

...
"'I

II

Indepe~d~nt evidence of these facts may be" given in order

',.'," >'"
"

to corrobor~tehis evidence as to the robbery itself.

~

s~tementsof wItness may a witness .' , an y former statement made b y such . witness
'

157 .In order to corroborate the tes~~monyof

be proved to relatIng to the same fact, at or about the time when

l~~~~b~:~l~
same flWt,

monyas to competent to mvestIgate the fact, may be proved.

'What mat.

the fact .took place,. or before any authority legally

'

ters m~ybe section' thirty-two or thirty-three, all mat. . d ist proved, proved ill con- t d t d b th t nection with ers ma,y e prove, el er ill or er 0 con ra IC or t 0 proved state. coro~orate it, or in order to ,im~ea:ch or confirm ~he ment the P erson by whom It was made , which under relev~nt section credIt; of' ..., 32 or 33, might have been proved if that person had been called as a witness and had denied upon cross-examination
'
' 8 ' ' 8

158:

Whenever any statement, relev~nt un,der

,-.(
.

.',;

~
I-

the truth of the matter suggested.

Refreshing memory.

'

, 15,9~'

A witness

may,

while,

under

ex:a.mination,

refresh his memory by referring to any writing made by hiP;1~e1f at the time of the' transaction Concerning which ho is questioned, or so soon afterwards that the Court' considers it' likely that the transaction was at that time fresh. in his memory. '
"

, trhc
'

",

'"

, 7 ()

. .:
,!

"

, ,?c'
'

-1872.]
"

Evidence.
,

The.-witness ,may also refer to any such writing

made by any other' person, and read by the witne~s within the tim$Laforesaid,if when he' read it he knew . ' , , It to be correct.
I
' ,; ..

Whenever a Iwitness may refresh his memory by Whenwitreference' to any document, he may, with the permis- ness~a~ uso ,--'- Provided the ,Court be satisfied that there is sufficient freshmemory.

sion of the Court, refer to a copy of such document: :~!t 0 to o~~:

.;'

reason for the'non-production of the original.

to professionaltreatises.
'

An expert' may refresh his memory by reference

' .' .

160. A witness may also testify' to facts m.en- Testimony' tioned in document as is mentioned in sec- ~ofactsstated . . any such . In document t Ion one h un dred an d fif!l. lJy-nlne,alth ough h e.h as,no 'mentioned in specific recollection of the facts. themselves, if he' is section 159. sure that the' facts were correctly recorded in the document.
'
"

i"

ltluatr'ation.

. . .

A book~keeper may testify to facts recorded by him in books. regularly kept'ID.the course of busi:q.ess,if he ~nows that the books were correctly kept, although he has forgotten the part~cu~
'

Jar transactions entered.

,
'.

161.'

A' v;writingreferred,
' '

to under
'

the

provi- Right of

'

sions

duced 'such witness thereupon.

~a;,ty of tl'two last preceding sections must be Pro- ,adverse , , ,as to wrItIng h dverse. party if, h e reqUIres It; used to reand s~ ,yn to tea party'. 'oay; if he pleases, cross.examine the freshmemory.

...

"

'

"

'

'

162.' A ,witness summoned to' produce a docu~ Production ment shall, 'if it is in his possession or power, bring Jt' of documents. to Court, notwithstan~ng any objection, which tp.ere . .->-,may be to its production or to its' admissibility. ,',The, " validity of any such objection shall be decided 0# .py

~C~.

'
,

",,;

The Court, if it sees fit, may, inspect the document, unless it refers to, matters, ,'of State, or take ~ . other evidence to enable it'to determine on 0its ,. . ,admissibility ~ If for such a purpose it is necessary to cause a~y Translation document to be translated , the Court may ., , if it thinks of documents~
" 0 , '0, , ,

,.

,fit, direct the translator to keep the contents secret, unle~~the document is to be given in evidence: and
,,'

'

",
'.', ~

, .-

off 71
..

...

- ~.

'. J

.f

} i
. "'.

.~

.', .

Bvl~1U)e.

l ACT.'i

..

,~

held ,to.have 'committed an offence under section one hundred and sixty-six of the Indian Penal Code. Giving, as 163;.. When a party calls for a dQcumentwhich dvidence'tof he has given the other party notice to produce, and call:d;~and sucb. document is produced and inspected by the party pl'o~uced on calling,..'for its production, he is bound to give it as notlCC. evidence if the party producing it requires him to de.
so~.:_. . . . .

iithe interpreter disobeys such direction, he shall be

.'

,-

Using,as 164. When a party refuses to produce a docu... evidence, of. ment which he has had notice to produce,'. he cannot.~ ~~~d:~i;n of afterwards use ~he document as eviden,ce without the'..
:~~~~d ::8

consent of the otller party or the order of the Court.

Illustration..

notice.

.
" JudO'e's
. oyderPl'oduc-

A sues B on an agreement and gives B.. notice to produce it. At the trial, A cans for the document and B refuses to produce it.' A gives secondary evidence of its contents. B seeks to produce the docw;nent itself to contradict the secondary.evidence given by A, or in order to show that the agreement is not stamp\
.

ed.

HE(cannot do so. 165. The Judge

I

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may, iri order to discover or to

pow~r. to put obtain pro.~r proof of relevant facts, asko' ~yques.:. '; ." ./." questIOns or " tlon.

t t f r les, In an~ ~orm,. a . any IDle,. 0 .any WItness, 01.' (.'the partIes, abputany fact relevant or

t I?n h e

..'

irrelevant;

'.'

i~d Jllay

order. theproductio:n.

. of any

docunient or ~hj~.j: and neither the parties nor their' agents shall be entitled to make any objection to 'any such question or order, nor, without the leave of the' Court, to cross-examine any witness upon any answer given in . reply to any such question: /,. ProVidedthat the judgment must be based. upon facts . declared ~y this Act. .to be "relevant, and duly....
;

provea.

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..

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Provided also that this section' shall not;authorize. any Judge to compel any witness t6 an~wer any' question, or to produce any document which such witness .would be entitled. to refuse to answer or produ(1~ under sections. one hundred. and,twenty. one to ':qU,e hundred and thirty -one both jnclusive,. if the .1..,.' J:!luestion 'Were asked or. the Q.ocument

were C~.lledfor by' the adverse party; nor shall the .Judge ask any question which it w:oul~ be'
'improDer
72
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..

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1872.J
r"r,

E1,idelWP.
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,j

improper for, any other person to ask under sections, one hundred aA4' forty-:eight or one' hundred and:
forty-nine; no],' sha,ll, he dispense
-,-

witll

primary,

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evidence of any'document; inbefore excepted.

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except in the cases here..

wltnessee, through or by leave, of the Judge, whIch questions. the Judge himself might put ~nd which he considers'
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166. In cases tried by jury or with assessors, Power ot t~e jury or assessors-may, put any q~estions, to ~he ~~~! o~oaS~~
'

F~~

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, CHAPTER

XI.-OF
,

IMPROPER

ADMISSION

AND REJEC;'

TION OF EVIDENCE. No ne~ trial

167.

The improper' admission: or rejection, of

-

evidence shall,not'be,g:r?und. of, itself for ~ n~w trial'~dJ:~~~~-or reversal of any decIs~on In any' case, If It shall rejectiono( "appear to the Court before' ;which such objection is evidence. . raised that, independently of the evidence objected io and ,admitted" there 'waS sufficient e~dence to
" ,

justify the decision, or that, if ~he ,reje~ted evidence had been received, it, 'ought not to hare' varied the
decision. ',: ,', " ' "

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SCHEDULE
72 .

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Evidence.
SCHEDV~E. .
~CTME~TS
-'~

[ ACTI,

1872.J

REPEALED~
.

[ See section 2.]

TITLE,

Number bJd year,

Extoo t ?f repeal.

thirty-' Stat, 26 Geo,III For the further regulation of the Section eigh.o far as it cap. 57.,' ' trial of persons accused of certain offences committed' in the East relates,to Courts Indies; for repeali~g so mu~h of of 'justice in the an Act, made in the tw.ent: ~ourth East Indies. .year of the reign of his present MajestJ (intituled' An Act for the better regulation and management of the affairs of the East Indi~ Company, and of the British possessionsIIIIndia, and for establishing a court (\f',j udicature for the mor~ speedy and etl'ectual trial of persqns accused of' oflEmces committed in the ~~st Indies'), as requires the servants of the East lndia Compan,yto deliver inventol'ies of their estates and effects;' for rendering the laws more effectual against persons unlawfully l'esorting to the East Indies; aud
, I
,

---"- '\

,.

,
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for the more easY roof, in certain cases, of deeds an writings executed in UrtJat .Britain or India,

\;
\,

:?

Stat, i4 &, 1-6!To amend the Law'of Evidence Vie., cap, 99,

Section elevenand so much of section, ninef'!en as

I'elates tr India.
,

_'itish

Act XV of 1852 .,. I To amend the Law of EvIdence

So much, ~s has not been heretofore repealed,

,

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Act XIX of 1853 I To amend the Law of Evidence iu ISectionni~teen~ the Civil C0urts of the East India Company in the ~engal Presidency. ,<
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~j
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Act II of 1855 .,. I For' the fut~~r improvement, of the Law of EvIdence.
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So much as hag
I

not been hel.'etofore repealed.

Act XXV of 1861!.b'or simplifying' the Procedu~'e of the Courts of Criminal J udieature not established by Royal , Charter.
,

Section two hundred and thirtyseven.

Act I of 1868 ." The General Clauses' Act, 1868, ... Sectionsseven and
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eight.

74
Offi~e

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of Sl1pdt, Govt. Prmti.ntr,-No~ 10298L. D.-IO.6.72.-6,OOO.