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Home Bare Acts Phrase: section 73 of tbe evidence act expressly enables the court to compare disputed writings with admitted or proved writings to ascertain whether a writing is that of the person by whom it purports to have been writtenCriminal Law (Amendment) Act, 2013, Section 27
Title : Substitution of New Section for Section 119
State : Central
Year : 2013
For section 119 of the Evidence Act, the following section shall be substituted, namely:-- "119. Witness unable to communicate verbally.--A witness who is unable to speak may give 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 open Court, evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed.".
View Complete Act List Judgments citing this sectionCriminal Law (Amendment) Act, 2013, Section 26
Title : Substitution of New Section for Section 114a
State : Central
Year : 2013
For section 114A of the Evidence Act, the following section shall be substituted, namely:-- '114A. Presumption as to absence of consent in certain prosecution for rape.--In a prosecution for rape under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) 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 such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. Explanation.-- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375 of the Indian Penal Code (45 of 1860).'.
View Complete Act List Judgments citing this sectionCriminal Law (Amendment) Act, 2013, Section 28
Title : Amendment of Section 146
State : Central
Year : 2013
In section 146 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely:-- "Provided that in a prosecution for an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.".
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 73
Title : Comparison of Signature, Writing or Seal with Others Admitted or Proved
State : Central
Year : 1872
In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which 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 present 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. 1[This section applies also, with any necessary modifications, to finger-impressions. ________________________ 1. Inserted by Act 5 of 1899, section 3.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Complete Act
Title : Indian Evidence Act 1872
State : Central
Year : 1872
..... 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 Section13 - Facts relevant when right or custom is in question Section14 - Facts showing existence of state of mind, or of body or bodily feeling Section15 - Facts bearing on question whether act was accidental or intentional Section16 - Existence of course of business when relevant Section17 - Admission defined Section18 - Admission by party to proceeding or his agent by suitor in representative character Section19 - Admissions by persons whose position must be proved as against party to.....
List Judgments citing this sectionIndian Evidence Act 1872 Section 92
Title : Exclusion of Evidence of Oral Agreement
State : Central
Year : 1872
.....or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Proviso (1).-Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party 1 [want or failure] of consideration, or mistake in fact or taw: Proviso (2).-The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso (3).-The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. Proviso (4).-The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 65
Title : Cases in Which Secondary Evidence Relating to Documents May Be Given
State : Central
Year : 1872
.....within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in1[India] to be given in evidence2; (g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. 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 examination of such documents. ________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. Cf. the Bankers' Books Evidence Act, 1891 (18 of 1891), section 4.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Amending Act 1
Title : Amendment Act
State : Central
Year : 1881
.....thinks fit, and sh all, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein. 246 . B ank's slip prima facie evidence of certain facts.--The Court sh all, in respect of every proceeding under this Chapter, on production of bank's slip or me mo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved. 247 . Offences to be compoundable.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974 ), every offence punishable under this Act sh all be compoundable." CHAPTER III AMENDMENT TO THE B ANKERS' B OOKS EVIDENCE ACT, 1891 11 . Amendment of section 2 In section 2 of the B ankers' B ooks Evidence Act, 1891 ( 18 of 1891 ),-- (a) for clause ( 3 ), the following clause sh all be sub stituted, namely:-- '( 3 ) "bankers' books" include ledgers, day-books, cash-books, account-books and all other records used in the ord inary business , of the bank, whether these records are kept in written form or stored in a . m icro film, magnetic tape or in.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 32
Title : Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant
State : Central
Year : 1872
.....procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them 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) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the 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 other document.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Amending Act 1
Title : Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002
State : Central
Year : 2000
.....it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein. 146. Bank's slip prima facie evidence for certain facts.-- The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved. 147. Offences to be compoundable.-- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.". 11. Amendment of section 2 In section 2 of the Bankers' Books Evidence Act, 1891 (18 of 1891),-- (a) for clause (3), the following clause shall be substituted, namely:-- '(3) "bankers' books" include ledgers, day-books, cash-books, account-books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite.....
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