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 ...
|2||Repeal of enactments : Repealed by the Repealing Act, 1938|
In this Act the following words and expressions are use in the following sense. Unless a contrary intention appears from the context- "Court"- includes all J...
Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for...
|Chapter II||The Relevancy Of Facts|
Evidence may be given of facts in issue and relevant facts
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared t...
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 sa...
Facts which are the occasion, cause or effect of facts in issue
Facts which are the occasion, cause, or effect, immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under ...
Motive, preparation and previous or subsequent conduct
Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to ...
Facts necessary to explain or introduce relevant facts
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...
Things said or done by conspirator in reference to common design
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done ...
When facts not otherwise relevant become relevant
Facts not otherwise relevant are relevant- (1) If they are inconsistent with any fact is issue or relevant fact; (2) If by themselves or in connection with ...
In suits for damages, facts tending to enable Court to determine amount are relevant
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant....
Facts relevant when right or custom is in question
Where the question is as to the existence of any right or custom, the following facts are relevant. (a) Any transaction by which the right or custom in questi...
Facts showing existence of state of mind, or of body or bodily feeling
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, I will or good-will or good-will towards any...
Facts bearing on question whether act was accidental or intentional
When there is a question whether an act was accidental or intentional, 14[ or done with a particular knowledge or intention,] the fact that such act formed pa...
Existence of course of business when relevant
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is ...
An admission is a statement, 8A[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, a...
Admission-by party to proceeding or his agent
Statements made by party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or imp...
Admissions by persons whose position must be proved as against party to suit
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 would be r...
Admissions by persons expressly referred to by party to suit
Statements made by persons to whom party to the suit has expressly referred for information in reference to a matter in dispute are admissions.IllustrationThe...
Proof of admissions against persons making them, and by or on their behalf
Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf o...
When oral admissions as to contents of documents are relevant
Oral admissions as to the contents of a documents are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secon...
When oral admission as to contents of electronic records are relevant
Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.]...
Admission in civil cases relevant
In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from wh...
Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any...
Confession to police officer not to be proved
No confession made to a police officer shall be proved as against a person accused of any offence....
Confession by accused while in custody of police not to be proved against him
No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate,17 shall be prov...
How much of information received from accused may be proved
Provided that when any fact is deposed to as discovered in consequences of information received from a person accused of any offence, in the custody of a poli...
Confession made after removal of impression caused by inducement, threat or promise, relevant
If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the ...
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a decept...
Consideration of proved confession affecting person making it and others jointly under trial for same offence
When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such...
Admission not conclusive proof, but may estop
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. STATEMENTS BY PERSON...
Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant
Statements, written or verbal, or relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whos...
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Evidence given by a witness in a judicial proceeding or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequen...
Entries in books of account when relevant
8A[Entries in the books of account, including those maintained in an electronic form], regularly kept in the course of business, are relevant whenever they re...
Relevancy of entry in public record made in performance of duty
An entry in any public or other official book, register or 8A[record or an electronic record], stating a fact in issue or relevant fact, and made by a public ...
Relevancy of statements in maps, charts and plans
Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authori...
Relevancy of statement as to fact of public nature, contained in certain acts or notifications
When the Court has to form an opinion as to the existence on any fact of a Public nature, any statement of it, made in recital contained in any Act of Parliam...
Relevancy of statements as to any law contained in law-books
When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under th...
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a doc...
Previous judgments relevant to bar a second suit or trial
The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial, is a relevant fact when t...
Relevancy of certain judgments in probate, etc. jurisdiction
A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or t...
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Judgments, orders or decrees other than those mentioned in section 41, are relevant if they relate to matters of a public nature relevant to the enquiry; but ...
Judgment, etc., other than those mentioned in sections 40 to 42, when relevant
Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is...
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42 and which has been proved by ...
Opinions of experts
When the Court has to form and opinion upon a point of foreign law or of science or art, or as to identity of handwriting 30[ or finger impressions], the opin...
Facts bearing upon opinions of experts
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations (...
Opinion as to handwriting, when relevant
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting o...
Opinion as to digital signature where relevant
When the Court has to form an opinion as to the digital signature or any person, the opinion of the Certifying Authority which has issued the Digital Signatur...
Opinion as to existence of right or custom, when relevant
When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, or person...
Opinion as to usage, tenets, etc., when relevant
When the Court has to form an opinion as to-the usages and tenets of any body of men or family, the constitution and government of any religious or charitabl...
Opinion on relationship, when relevant
When the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct, as to the existence of such relations...
In civil cases character to prove conduct imputed, irrelevant
In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, exc...
In criminal cases previous good character relevant
In criminal proceedings, the fact that the person accused is of a good character, is relevant....
Previous bad character not relevant, except in reply
In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in wh...
Character as affecting damages
In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. In sections 52, 5...
|Chapter III||Facts Which Need Not Be Proved|
Fact Judicially noticeable need not be proved
No fact of which the Court will take judicial notice need be proved....
Facts of which Court must take judicial notice
The Court shall take judicial notice of the following facts:- 34[(1) All laws in force in the territory of India :] (2) All public Acts passed or hereafter ...
Facts admitted need not be proved
No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree ...
|Chapter IV||Oral Evidence|
Proof of facts by oral evidence
All facts, except the 8A[contents of documents or electronic records], may be proved by oral evidence....
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...
|Chapter V||Documentary Evidence|
Proof of contents of documents
The contents of documents may be proved either by primary or by secondary evidence....
Primary evidence means the documents itself produced for the inspection of the Court. —Where a document is executed in several parts, each part is primary evi...
Secondary evidence means and includes—(1) certified copies given under the provisions hereinafter contained; (2) Copies made from the original by mechanical ...
Proof of documents by primary evidence
Documents must be proved by primary evidence except in the cases hereinafter mentioned....
Cases in which secondary evidence relating to documents may be given
Secondary evidence may be given of the existence, condition, or contents of a documents in the following cases:- (a) When the original is shown or appears to...
Special provisions as to evidence relating to electronic record
The contents of electronic records may be proved in accordance with the provisions of section 65B....
Admissibility of electronic records
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied ...
Rules as to notice to produce
Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondar...
Proof of signature and handwriting of person alleged to have signed or written document produced
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as ...
Proof as to digital signature
Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact ...
Proof of execution of document required by law to be attested
If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of prov...
Proof where no attesting witness found
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of ...
Admission of execution by party to attested document
The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a documen...
Proof when attesting witness denies the execution
If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence....
Proof of document not required by law to be attested
An attesting document not required by law to be attested may be proved as if it was unattested....
Comparison of signature, writing or seal with others admitted or proved
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...
Proofs as to verification of digital signature
In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the court may direct- (a) that person or the...
The following documents are public documents :- (1) documents forming the acts, or records of the acts – (i) of the sovereign authority, (ii) of official bod...
All other documents are private....
Certified copies of public documents
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on paymen...
Proof of documents by production of certified copies
Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies....
Proof of other official documents
The following public documents may be proved as follows:- (1) Acts, orders or notifications of 50[the Central Government] in any of its departments, 51[or of...
Presumption as to genuineness of certified copies
The Court shall presume 57[to be genuine] every document purporting to be a certificate, certified copy or other document, which is by law declared to be admi...
Presumption as to documents produced as record of evidence
Whenever any document i.e. produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witn...
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
The Court shall presume the genuineness of every document purporting to be the London Gazette or 60[any Official Gazette, or the Government Gazette ] of any ...
Presumption as to Gazettes in electronic forms
The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by an...
Presumption as to document admissible in England without proof of seal or signature
When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admi...
Presumption as to maps or plans made by authority of Government
The Court shall presume that maps or plans purporting to be made by the authority of 61[ the Central Government or any State Government ] were so made, and ar...
Presumption as to collections of laws and reports of decisions
The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of nay country, and to conta...
Presumption as to powers-of-attorney
The Court shall presume that every document purporting to be a power-of- attorney, and to have been executed before, and authenticated by, a notary public, or...
Presumption as to electronic agreements
The Court shall presume that every electronic record purporting to be an agreement containing the digital signature of the parties was so concluded by affixin...
Presumption as to electronic record and digital signatures
(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been...
Presumption as to Digital Signature Certificates
The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specifie...
Presumption as to certified copies of foreign judicial records
The Courts may presume that any document purporting to be a certified copy of any judicial record of 65[66[***] any country and not forming part of India or] ...
Presumption as to books, maps and charts
The Courts may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the ...
Presumption as to books, maps and charts
The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a messag...
Presumption as to electronic messages
The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports t...
Presumption as to due execution, etc., of documents not produced
The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by...
Presumption as to documents thirty years old
Where 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 Cour...
Presumption as to electronic records five year old
Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, ...
|Chapter VI||The Exclusion Of Oral By Documentary Evidence|
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which a...
Exclusion of evidence of oral agreement
When the terms of any such contract, grantor other disposition of property, or any matter required by law to be reduced to the form of a document have been p...
Exclusion of evidence to explain or amend ambiguous document
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its de...
Exclusion of evidence against application of document to existing facts
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant...
Evidence as to document unmeaning in reference to existing facts
When language use in a documents is plain it itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was in a peculiar ...
Evidence as to application of language which can apply to one only of several persons
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several ...
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly ...
Evidence as to meaning of illegible characters, etc.
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressi...
Who may give evidence of agreement varying terms of document
Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement va...
Saving of provisions of Indian Succession Act, relating to wills
Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act77 (10 of 1865) as to the construction of wills....
|Chapter VII||The Burden Of Proof|
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 fact...
On whom burden of proof lies
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for...
Burden of proof as to particular fact
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the ...
Burden of proving fact to be proved to make evidence admissible
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give suc...
Burden of proving that case of accused comes within exceptions.
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the In...
Burden of proving fact especially within knowledge
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) when a person does an act with...
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 pe...
Burden of proving that person is alive who has not been heard of for seven years
79[ 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 ha...
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
When 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 proof as to ownership
When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on th...
Proof of good faith in transactions where one party is in relation of active confidence
Where 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 burde...
Presumption as to certain offences
(1) Where a person is accused of having committed any offence specified in sub-section (2), in – (a) any area declared to be a disturbed area under any enactm...
Birth during marriage, conclusive proof of legitimacy
The fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its disso...
Proof of cession of territory
A notification in the official Gazette that any portion of British territory has 82[before the commencement of Part III of the Government of India, Act, 1935]...
Presumption as to abetment of suicide by a married women
When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she h...
Presumption as to dowry death
When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by suc...
Court may presume existence of certain acts
The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduc...
Presumption as to absence of consent in certain prosecutions for rape
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 ...
Estoppel of tenant; and of license of person in possession
No tenant of immovable property or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord o...
Estoppel of acceptor of bill of exchange, bailee or licensee
No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or license...
Who may testify
All persons shall be competent to testify unless the Court considers that they are prevented form understanding the question put to them, or from giving ratio...
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 m...
Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial
In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings agai...
Judges and Magistrates
No Judge or Magistrate shall, except upon the special order to some Court to which he is subordinate, be compelled to answer any questions as to his own condu...
Communications during marriage
No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been marr...
Evidence as to affairs of State
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the o...
No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer b...
Information as to commission of offences
No Magistrate or Police –Officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue- Officer shall be...
No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him i...
Section 126 to apply to interpreters etc.
The provision of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils....
Privilege not waived by volunteering evidence
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is ment...
Confidential communications with legal advisers
No one shall be compelled to disclose to the Court any confidential communication which has take place between him and his legal professional adviser, unless ...
Production of title-deeds of witness not a party
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 an property...
Production of documents or electronic records which another person, having possession, could refuse to produce
No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse t...
Witness not excused from answering on ground that answer will criminate
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding...
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testi...
Number of witnesses
No particular number of witnesses shall in any case be required for the proof of any fact....
|Chapter X||The Examination Of Witnesses|
Order of production and examination of witnesses
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 re...
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...
Examination in chief
The examination of a witness by the party who calls him shall be called his examination in-chief. Cross-examination- The examination of a witness by the adver...
Order of examinations
Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross –examined, then (if the party calling him so desires) re-examined. Th...
Cross-examination of person called to produce a document
A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross examined unless and until he is cal...
Witnesses to character
Witnesses to character may be cross-examined and re-examined....
Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question....
When they must not be asked
Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the...
When they may be asked
Leading questions may be asked in cross- examination....
Evidence as to matters in writing
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 co...
Cross-examination as to previous Statements in writing
A witness may be cross- examined as to previous statements made by him in writing or reduced into writing or reduced into writing, and relevant to matters in ...
Questions lawful in cross-examination
When a witness is cross-examined, he may, in addition to the questions herein before referred to be asked any questions which tend- (1) to test his veracity....
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 132 shall apply thereto....
Court to decide when question shall be asked and when witness compelled to answer
If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the Witness by injuring his char...
Question not to be asked without reasonable grounds
No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which...
Procedure of Court in case of question being asked without reasonable grounds
If the Court is of opinion that any such question was asked without reasonable grounds. It may, if it was asked by any barrister, pleader, vakil or attorney, ...
Indecent and scandalous questions
The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the ...
Questions intended to insult or annoy
The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court need lessly...
Exclusion of evidence to contradict answers to questions testing veracity
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 ch...
Question by party to his own witness
The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross examination by the adverse par...
Impeaching credit of witness
The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:- (1) by th...
Questions tending to corroborate evidence of relevant fact, admissible
When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at...
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 too...
What matters may be proved in connection with proved statement relevant under section 32 or 33
Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order ...
A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is q...
Testimony to facts stated in document mentioned in section 159
A witness may also testify to facts mentioned in any such document as is mentioned is section 159, although he has no specific recollection of the facts thems...
Right of adverse party as to writing used to refresh memory
Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party ...
Productions of documents
A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to it...
Giving, as evidence, of document called for and produced on notice
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for i...
Using, as evidence, of document production of which was refused on notice
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the ot...
Judge's power to put questions or order production
The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of ...
Power of jury or assessors to put questions
In cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the Judge hims...
|Chapter XI||Improper Admission And Rejection Of Evidence|
No new trial for improper admission or rejection or evidence
This improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to ...
1. Dated 15th. March 1872. 2. This Act has been extended to Berar by the Berar Laws Act, 1941 and has been declared to be in force in the Sonthal Parganas by...