THE INDIAN EVIDENCE ACT, ~. CONT'ENT. S. -Preamble. ~.'1. PartI. RELEVANCY OF }'ACl'S. CHAPTER I~-PRELIMINARY,. \ t. SJiJCTION. 1. Short title. Full text containing the act, Indian Evidence Act, , with all the sections, schedules, short title, enactment date, and footnotes. Saving of provisions of Indian Succession Act relating to wills Short title, extent and commencement —This Act may be called the Indian Evidence Act,
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EVIDENCE. THE EVIDENCE ACT. 1. This Act may be cited as the Evidence Act. Cap. Laws. 22 of ,. 31 of S. Acts. 40 of 42 of Act Info: Preamble1 - THE INDIAN EVIDENCE ACT, Part 1 Chapter 1. Section1 Section5 - Evidence may be given of facts in issue and relevant facts. procedure court has to follow. This is expressed by saying that it is law of the forum(or court) or the lex fori. The law of evidence is the same in civil and criminal.
Section90 - Presumption as to documents thirty years old. Section90A - Presumption as to electronic records five years old.
Section91 - Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. Section92 - Exclusion of evidence of oral agreement. Section93 - Exclusion of evidence to explain or amend ambiguous document. Section94 - Exclusion of evidence against application of document to existing facts.
Section95 - Evidence as to document unmeaning in reference to existing facts. Section96 - Evidence as to application of language which can apply to one only of several persons. Section97 - Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
Section98 - Evidence as to meaning of illegible characters, etc. Section99 - Who may give evidence of agreement varying term of document. Section - Saving of provisions of Indian Succession Act relating to wills.
Section - Burden of proof as to particular fact. Section - Burden of proving fact to be proved to make evidence admissible. Section - Burden of proving that case of accused comes within exceptions. Section - Burden of proving fact especially within knowledge. Section - Burden of proving death of person known to have been alive within thirty years.
Section - Burden of proving that person is alive who has not been heard of for seven years. Section - Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
Section - Proof of good faith in transactions where one party is in relation of active confidence. SectionA - Presumption as to certain offences. Section - Birth during marriage, conclusive proof of legitimacy.
SectionA - Presumption as to abetment of suicide by a married woman. Section - Court may presume existence of certain facts. SectionA - Presumption as to absence of consent in certain prosecutions for rape. Section - Estoppel of tenant; and of licensee of person in possession. Section - Estoppel of acceptor of bill of exchange, bailee or licensee.
Section - Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. Section - Information as to commission of offences. Section - Section to apply to interpreters, etc. Section - Privilege not waived by volunteering evidence. Section - Confidential communications with legal advisers.
Section - Production of title-deeds of witness not a party. Section - Production of documents or electronic records which another person, having possession, could refuse to produce. Section - Witness not excused from answering on ground that answer will criminate. Section - Order of production and examination of witnesses. Section - Judge to decide as to admissibility of evidence. Section - Cross-examination of person called to produce a document.
Section - Evidence as to matters in writing. Section - Cross-examination as to previous statements in writing. Section - Questions lawful in cross-examination. Section - When witness to be compelled to answer.
Section - Court to decide when question shall be asked and when witness compelled to answer. Section - Question not to be asked without reasonable grounds. Section - Procedure of Court in case of question being asked without reasonable grounds. Section - Indecent and scandalous questions. Section - Questions intended to insult or annoy. Your email address will not be published. Notify me of follow-up comments by email.
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Law Question and Answers Transfer of Property Act, Tagged: Minimum Wages Act, Tagged: Bare Act , Life. Specific Relief Act, Tagged: Bare Act , Specific Relief Act. Indian Medical Council Act, Tagged: Bare Act. Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer Keep Reading…. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents. Burden of Proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to 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.
Illustration- 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. When one person has by his declaration, 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 representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration- A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to download and pay for it. Who may testify? All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answer to those questions, by tender years, extreme old age, disease, whether of body and mind, or any other cause of the same kind. Explanation- A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.
Order of production and examination of witness. The order in which witness are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court. Judge to decide as to admissibility of evidence. 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.
When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding the provisions of Section shall apply thereto. Court to decide when question shall be asked and when witness compelled to answer.
If any such question relates to matter not relevant to the suit or proceeding, except in so far 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 thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion the Court shall have regard to the following considerations-.
Former statements of witness may be proved to corroborate later testimony as to same fact. In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved. What matters may be proved in connection with proved statement relevant under Section 32 or No new trail for improper admission or rejection of evidence.
The improper admission or rejection of evidence shall not be ground of itself for a new trail or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.
Type short e. Skip to content. One Click download for most important bare act PDFs. Indian Evidence Act. 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 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; Keep Reading….
State of West Bengal, b Admission of a document amounts to admission of its contents and not its truth. Anand, 67A. In exercising its discretion the Court shall have regard to the following considerations- 1 Such questions are proper if they are Keep Reading…. Previous Year Exam Papers more coming soon. Constitution PDF Download. When is communication said to be completed? One Liner Facts about Indian Constitution. Even Divorced Wife or Muta Wife are entitled for maintenance!
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