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Indian Evidence Act 1872 Section 3

Title: Interpretation Clause

State: Central

Year: 1872

.....the Information Technology Act, 2000.] ________________ 1. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), section 2, the Indian Penal Code (Act 45 of 1860), section 19; and, for a definition of "District Judge", the General Clauses Act, 1897 (10 of 1897), section 3 (17). 2. Cf. the General Clauses Act, 1897 (10 of 1897), section 3 (32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). 3. See now the Code of Civil Procedure, 1908 (5 of 1908) as to the settlement of issues, See Schedule I, Order XIV. 4. Cf. the Indian Penal Code (Act 45 of 1860), section 29 and the General Clauses Act, 1897 (10 of 1897), section 3 (18). 5. Cf. definition of "writing in the General Clauses Act, 1897 (10 of 1897), section 3 (65). 6. Substituted by Act 21 of 2000, section 92 and Schedule II, for "all documents produced for the inspection of the Court." (w.e.f. 17-10-2000). 7. Substituted by Act 3 of 1951, section 3 and Schedule, for the definition of "State" and "States", which was inserted by the A.O. 1950. 8. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000). 9. Substituted vide IT Amendment Act, 2008 prior text was "Digital Signature" .....

Christian Marriage Act1872 Section 37

Title: Registration of Marriages Between Indian Christians, by Persons Referred to in Clauses (1), (2) and (3) of Section 5

State: Central

Year: 1872

When any marriage between {Subs. by the A.O.1950, for " Native ".} [Indian] Christians is solemnized {Subs. by Act 18 of 1928, s.2 and Sch. I, for " under Part I or Part III of this Act".} by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of section 5] the person solemnizing the same shall, instead of proceeding in the manner provided by sections 28 to 36.both inclusive, register the marriage in a separate register-book, and shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district. Custody and disposal of register book.- Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the {Subs. by Act 6 of 1886, s.30(b), for " Secretary to the L. G.".} [Registrar General of Births, Deaths and Marriages,] to be kept by him with the records of his office.

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - 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 or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; 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 nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Evidence Act 1872 Part 1

Title: Relevancy of Facts

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. "Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) 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 certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue".-The expression "facts in issue" means and includes--any fact from which, either by itself or in connection with other facts, the existence,.....

Indian Evidence Act 1872 Chapter 2

Title: Of the Relevancy of Facts

State: Central

Year: 1872

..... _______________________ 1. See now the Code of Civil Procedure, 1908 (5 of 1908) Section 6 - Relevancy of facts forming part of same transaction Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought 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, are relevant facts, though they do not.....

Indian Evidence Act 1872 Part 2

Title: On Proof

State: Central

Year: 1872

.....the facts admitted to be proved otherwise than by such admission. INDIAN EVIDENCE ACT 1872Chapter 4 - OF ORAL EVIDENCE Section 59 - Proof of facts by oral evidence All facts, except the 1 [contents of documents or electronic records], may be proved by oral evidence. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "contents of documents" (w.e.f. 17-10-2000). Section 60 - Oral evidence must be direct Oral evidence must, in all cases whatever, be direct; that is to say-- If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that senseor in that manner; If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sate, and the grounds on.....

Indian Evidence Act 1872 Chapter 5

Title: Of Documentary Evidence

State: Central

Year: 1872

.....may be, of the Crown Representative]; (2) The proceedings of the Legislatures,-- by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed3[by order of the Government concerned]; (3) Proclamations, orders or regulations issued by4[Her Majesty] or by the Privy Council, or by any department of4[Her Majesty's] Government,- by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's printer; (4) the acts of the Executive or the proceedings of the Legislature of a foreign country,-- by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5[Central Act]; (5) The proceedings of a municipal body in6[a State], by a 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 a foreign country,-- by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary.....

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Indian Evidence Act 1872 Chapter 7

Title: Of the Burden of Proof

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Indian Evidence Act 1872 Section 114A

Title: Presumption as to Absence of Consent in Certain Prosecutions for Rape

State: Central

Year: 1872

1 [114A. Presumption as to absence of consent in certain prosecutions for rape In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] _______________________ 1. Inserted by Act 43 of 1983, section 6.