State : Central
Year : 1872
INDIAN EVIDENCE ACT, 1872 INDIAN EVIDENCE ACT, 1872 CHAPTER I: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT This Act may be called the Indian Evidence Act, 1872. 2It extends to the whole of India 3 [Except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 4[other than Courts-martial convened under the Army Act.,] (44 & 45 Vict., c.58) 5[the Naval Discipline Act (29 & 30 Vict., c 109) or 6[***] the Indian Navy (Discipline) Act. 19347] (34 of 1934) 8[or the Air Force Act] 7 Geo. 5, c. 51) but not to affidavits presented to any Court to any Court or Officer, not to proceedings before an arbitrator And it shall come into force on the first day of September, 1872. [ SECTION 02: REPEAL..... List Judgments citing this sectionTitle : Indian Evidence Act 1872
State : Central
Year : 1872
Preamble1 - THE INDIAN EVIDENCE ACT, 1872 Part 1 Chapter 1 Section1 - Short title, extent and Commencement Section2 - Repeal of enactments Section3 - Interpretation clause Section4 - "May presume" Chapter 2 Section5 - Evidence may be given of facts in issue and relevant facts Section6 - Relevancy of facts forming part of same transaction Section7 - Facts which are the occasion, cause or effect of facts in issue Section8 - Motive, preparation and previous or subsequent conduct Section9 - Facts necessary to explain or introduce relevant facts Section10 - Things said or done by conspirator in reference to common design Section11 - When facts not otherwise relevant become relevant Section12 - In suits for damages, facts tending to enable Court to determine amount are relevant ..... List Judgments citing this sectionTitle : Indian Evidence (Amendment) Act, 2002
State : Central
Year : 1872
THE INDIAN EVIDENCE (AMENDMENT) ACT, 2002 [Act, No. 4 of 2003] [31st December, 2002] PREAMBLE An Act further to amend the Indian Evidence Act, 1872. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- 1. Short title This Act may be called the Indian Evidence (Amendment) Act, 2002. 2. Amendment of section 146 In section 146 of the Indian Evidence Act, 1872 (1 of 1872) (hereinafter referred to as the principal Act), after clause (3), the following proviso shall be inserted, namely:-- "Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.". 3. Amendment of section 155 In section 155 of the..... View Complete Act List Judgments citing this sectionTitle : Exclusion of Evidence to Contradict Answers to Questions Testing Veracity
State : Central
Year : 1872
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence. Exception 1.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.If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted. Illustrations (a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He..... View Complete Act List Judgments citing this sectionTitle : Oral Evidence Must Be Direct
State : Central
Year : 1872
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 which such opinions are held, may be proved by the production..... View Complete Act List Judgments citing this sectionTitle : Primary Evidence
State : Central
Year : 1872
Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.Where a document is executed in several parts, each part is primary evidence of the document: Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.Where a number of documents are 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, where they are all copies of a common original, they are not primary evidence of the contents of the original. Illustration A person is shown to have been in possession of a number of placards, all printed at one..... View Complete Act List Judgments citing this sectionTitle : Judge to Decide as to Admissibility of Evidence
State : Central
Year : 1872
When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the..... View Complete Act List Judgments citing this sectionTitle : Secondary Evidence
State : Central
Year : 1872
Secondary evidence means and includes- (1) Certified copies given under the provisions hereinafter contained1; (2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) Copies made from or compared with the original; (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..... View Complete Act List Judgments citing this sectionTitle : Production and Effect of Evidence
State : Central
Year : 1872
Chapter 7 - OF THE BURDEN OF PROOF Section 101 - Burden of proof Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden..... View Complete Act List Judgments citing this sectionTitle : Evidence as to Matters in Writing
State : Central
Year : 1872
Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement 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 produced, 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 statements made by other persons about the contents of documents if such statements are in themselves relevant facts. Illustration The question is, whether A assaulted B. C deposes that he..... View Complete Act List Judgments citing this section