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Evidence Act 1950 [Act 56]

  1. Introductory Text

  2. Part I   RELEVANCY

      Chapter I   PRELIMINARY

    1. 1. Short title
    2. 2. Extent
    3. 3. Interpretation
    4. 4. Presumption
    5. Chapter II   RELEVANCY OF FACTS

      General

    6. 5. Evidence may be given of facts in issue and relevant facts
    7. 6. Relevancy of facts forming part of same transaction
    8. 7. Facts which are the occasion, cause or effect of facts in issue
    9. 8. Motive, preparation and previous or subsequent conduct
    10. 9. Facts necessary to explain or introduce relevant facts
    11. 10. Things said or done by conspirator in reference to common design
    12. 11. When facts not otherwise relevant become relevant
    13. 12. In suits for damages facts tending to enable court to determine amount are relevant
    14. 13. Facts relevant when right or custom is in question
    15. 14. Facts showing existence of state of mind or of body or bodily feeling
    16. 15. Facts bearing on question whether act was accidental or intentional
    17. 16. Existence of course of business when relevant
    18. Admissions and Confessions

    19. 17. Admission and confession defined
    20. 18. Admission by party to proceeding, his agent or person interested
    21. 19. Admissions by persons whose position must be proved as against party to suit
    22. 20. Admissions by persons expressly referred to by party to suit
    23. 21. Proof of admissions against persons making them and by or on their behalf
    24. 22. When oral admissions as to contents of documents are relevant
    25. 23. Admissions in civil cases when relevant
    26. 24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
    27. 25. Confession to police officer below the rank of Inspector not to be proved
    28. 26. Confession by accused while in custody of police not to be proved against him
    29. 27. How much of information received from accused may be proved
    30. 28. Confession made after removal of impression caused by inducement, threat or promise relevant
    31. 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
    32. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
    33. 31. Admissions not conclusive proof but may estop
    34. 31A. (Deleted)
    35. Statements by Persons who cannot be called as Witnesses

    36. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
    37. 33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
    38. Statements made under Special Circumstances

    39. 34. Entries in books of account when relevant
    40. 35. Relevancy of entry in public record made in performance of duty
    41. 36. Relevancy of statements in maps, charts and plans
    42. 37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications
    43. 38. Relevancy of statements as to any law contained in law books
    44. How Much of a Statement to be Proved

    45. 39. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers
    46. Judgments of Courts when Relevant

    47. 40. Previous judgments relevant to bar a second suit or trial
    48. 41. Relevancy of certain judgments in probate, etc., jurisdiction
    49. 42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41
    50. 43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant
    51. 44. Fraud or collusion in obtaining judgment or incompetency of court may be proved
    52. Opinions of Third Persons when Relevant

    53. 45. Opinions of experts
    54. 46. Facts bearing upon opinions of experts
    55. 47. Opinion as to handwriting when relevant
    56. 48. Opinion as to existence of right or custom when relevant
    57. 49. Opinion as to usages, tenets, etc., when relevant
    58. 50. Opinion on relationship when relevant
    59. 51. Grounds of opinion when relevant
    60. Character when Relevant

    61. 52. In civil cases character to prove conduct imputed irrelevant
    62. 53. In criminal cases previous good character relevant
    63. 54. Previous bad character not relevant except in reply
    64. 55. Character as affecting damages
  3. Part II   PROOF

      Chapter III   FACTS WHICH NEED NOT BE PROVED

    1. 56. Fact judicially noticeable need not be proved
    2. 57. Facts of which court must take judicial notice
    3. 58. Facts admitted need not be proved
    4. Chapter IV   ORAL EVIDENCE

    5. 59. Proof of facts by oral evidence
    6. 60. Oral evidence must be direct
    7. Chapter V   DOCUMENTARY EVIDENCE

    8. 61. Proof of contents of documents
    9. 62. Primary evidence
    10. 63. Secondary evidence
    11. 64. Proof of documents by primary evidence
    12. 65. Cases in which secondary evidence relating to documents may be given
    13. 66. Rules as to notice to produce
    14. 67. Proof of signature and handwriting of person alleged to have signed or written document produced
    15. 68. Proof of execution of document required by law to be attested
    16. 69. Proof where no attesting witness found
    17. 70. Admission of execution by party to attested document
    18. 71. Proof when attesting witness denies the execution
    19. 72. Proof of document not required by law to be attested
    20. 73. Comparison of signature, writing or seal with others admitted or proved
    21. 73A. Admissibility of documentary evidence in civil cases, etc.
    22. 73AA. Admissibility of fact in criminal cases, etc.
    23. Public Documents

    24. 74. Public documents
    25. 75. Private documents
    26. 76. Certified copies of public documents
    27. 77. Proof of documents by production of certified copies
    28. 78. Proof of certain official documents
    29. 78A. Proof of public documents produced by computers
    30. Presumptions as to Documents

    31. 79. Presumption as to genuineness of certified copies
    32. 80. Presumption as to documents produced as record of evidence
    33. 81. Presumption as to Gazettes, newspapers, etc.
    34. 82. Presumption as to document admissible in England without proof of seal or signature
    35. 83. Presumption as to maps or plans made by authority of Government
    36. 84. Presumption as to collections of laws and reports of decisions
    37. 85. Presumption as to powers of attorney
    38. 86. Presumption as to certified copies of foreign judicial records
    39. 87. Presumption as to books, maps and charts
    40. 88. Presumption as to telegraphic messages
    41. 89. Presumption as to due execution, etc., of documents not produced
    42. 90. Presumption as to documents twenty years old
    43. Documents Produced by a Computer

    44. 90A. Admissibility of documents produced by computers, and of statements contained therein
    45. 90B. Weight to be attached to document, or statement contained in document, admitted by virtue of section 90A
    46. 90C. Sections 90A and 90B to prevail over other provisions of this Act, the Bankers' Books (Evidence) Act 1949, and any written law
    47. Chapter VA   ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS

    48. 90D. Application of Chapter VA
    49. 90E. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters
    50. 90F. Certificate relating to foreign evidence
    51. Chapter VI   EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

    52. 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
    53. 92. Exclusion of evidence of oral agreement
    54. 93. Exclusion of evidence to explain or amend ambiguous document
    55. 94. Exclusion of evidence against application of document to existing facts
    56. 95. Evidence as to document unmeaning in reference to existing facts
    57. 96. Evidence as to application of language which can apply to one only of several persons
    58. 97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
    59. 98. Evidence as to meaning of illegible characters, etc.
    60. 99. Who may give evidence of agreement varying terms of document
    61. 100. Construction of wills
  4. Part III   PRODUCTION AND EFFECT OF EVIDENCE

      Chapter VII   BURDEN OF PROOF

    1. 101. Burden of proof
    2. 102. On whom burden of proof lies
    3. 103. Burden of proof as to particular fact
    4. 104. Burden of proving fact to be proved to make evidence admissible
    5. 105. Burden of proving that case of accused comes within exceptions
    6. 106. Burden of proving fact especially within knowledge
    7. 107. Burden of proving death of person known to have been alive within thirty years
    8. 108. Burden of proving that person is alive who has not been heard of for seven years
    9. 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
    10. 110. Burden of proof as to ownership
    11. 111. Proof of good faith in transactions where one party is in relation of active confidence
    12. 112. Birth during marriage conclusive proof of legitimacy
    13. 113. Presumption that boy under thirteen cannot commit rape
    14. 114. Court may presume existence of certain fact
    15. 114A. Presumption of fact in publication
    16. Chapter VIII   ESTOPPEL

    17. 115. Estoppel
    18. 116. Estoppel of tenant and of licensee of person in possession
    19. 117. Estoppel of acceptor of bill of exchange, bailee or licensee
    20. Chapter IX   WITNESSES

    21. 118. Who may testify
    22. 119. Dumb witnesses
    23. 120. Parties to civil suits and wives and husbands
    24. 121. Judges, Sessions Court Judges and Magistrates
    25. 122. Communications during marriage
    26. 123. Evidence as to affairs of State
    27. 124. Official communications
    28. 125. Information as to commission of offences
    29. 126. Professional communications
    30. 127. Section 126 to apply to interpreters, etc.
    31. 128. Privilege not waived by volunteering evidence
    32. 129. Confidential communications with legal advisers
    33. 130. Production of title deeds of witness not a party
    34. 131. Production of documents which another person having possession could refuse to produce
    35. 132. Witness not excused from answering on ground that answer will criminate
    36. 133. Accomplice
    37. 133A. Evidence of child of tender years
    38. 134. Number of witnesses
    39. Chapter X   EXAMINATION OF WITNESSES

    40. 135. Order of production and examination of witnesses
    41. 136. Court to decide as to admissibility of evidence
    42. 137. Examination-in-chief, cross-examination and re-examination
    43. 138. Order of examinations and direction of re-examination
    44. 139. Cross-examination of person called to produce a document
    45. 140. Witnesses to character
    46. 141. Leading questions
    47. 142. When leading questions may not be asked
    48. 143. When leading questions may be asked
    49. 144. Evidence as to matters in writing
    50. 145. Cross-examination as to previous statements in writing
    51. 146. Questions lawful in cross-examination
    52. 146A. Restrictions on evidence at trials for rape
    53. 147. When witness to be compelled to answer
    54. 148. Court to decide when question shall be asked and when witness compelled to answer
    55. 149. Question not to be asked without reasonable grounds
    56. 150. Procedure of court in case of question being asked without reasonable grounds
    57. 151. Indecent and scandalous questions
    58. 152. Questions intended to insult or annoy
    59. 153. Exclusion of evidence to contradict answers to questions testing veracity
    60. 154. Question by party to his own witness
    61. 155. Impeaching credit of witness
    62. 156. Questions tending to corroborate evidence of relevant fact admissible
    63. 157. Former statements of witness may be proved to corroborate later testimony as to same fact
    64. 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
    65. 159. Refreshing memory
    66. 160. Testimony to facts stated in document mentioned in section 159
    67. 161. Right of adverse party as to writing used to refresh memory
    68. 162. Production of documents and their translation
    69. 163. Giving as evidence of document called for and produced on notice
    70. 164. Using as evidence of document production of which was refused on notice
    71. 165. Judge's power to put questions or order production
    72. 166. Power of assessors to put questions
    73. Chapter XI   IMPROPER ADMISSION AND REJECTION OF EVIDENCE

    74. 167. No new trial for improper admission or rejection of evidence


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