Evidence Act 1950 [Act 56] cite [+]
ARRANGEMENT OF SECTIONS
Preamble
PART I RELEVANCY
CHAPTER I PRELIMINARY
- 1. Short title
- 2. Extent
- 3. Interpretation
- 4. Presumption
CHAPTER II RELEVANCY OF FACTS
General
- 5. Evidence may be given of facts in issue and relevant facts
- 6. Relevancy of facts forming part of same transaction
- 7. Facts which are the occasion, cause or effect of facts in issue
- 8. Motive, preparation and previous or subsequent conduct
- 9. Facts necessary to explain or introduce relevant facts
- 10. Things said or done by conspirator in reference to common design
- 11. When facts not otherwise relevant become relevant
- 12. In suits for damages facts tending to enable court to determine amount are relevant
- 13. Facts relevant when right or custom is in question
- 14. Facts showing existence of state of mind or of body or bodily feeling
- 15. Facts bearing on question whether act was accidental or intentional
- 16. Existence of course of business when relevant
Admissions and Confessions
- 17. Admission and confession defined
- 18. Admission by party to proceeding, his agent or person interested
- 19. Admissions by persons whose position must be proved as against party to suit
- 20. Admissions by persons expressly referred to by party to suit
- 21. Proof of admissions against persons making them and by or on their behalf
- 22. When oral admissions as to contents of documents are relevant
- 23. Admissions in civil cases when relevant
- 24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
- 25. Confession to police officer below the rank of Inspector not to be proved
- 26. Confession by accused while in custody of police not to be proved against him
- 27. How much of information received from accused may be proved
- 28. Confession made after removal of impression caused by inducement, threat or promise relevant
- 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
- 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 31. Admissions not conclusive proof but may estop
- 31A. (Deleted)
Statements by Persons who cannot be called as Witnesses
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
Statements made under Special Circumstances
- 34. Entries in books of account when relevant
- 35. Relevancy of entry in public record made in performance of duty
- 36. Relevancy of statements in maps, charts and plans
- 37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications
- 38. Relevancy of statements as to any law contained in law books
How Much of a Statement to be Proved
- 39. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers
Judgments of Courts when Relevant
- 40. Previous judgments relevant to bar a second suit or trial
- 41. Relevancy of certain judgments in probate, etc., jurisdiction
- 42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41
- 43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant
- 44. Fraud or collusion in obtaining judgment or incompetency of court may be proved
Opinions of Third Persons when Relevant
- 45. Opinions of experts
- 46. Facts bearing upon opinions of experts
- 47. Opinion as to handwriting when relevant
- 48. Opinion as to existence of right or custom when relevant
- 49. Opinion as to usages, tenets, etc., when relevant
- 50. Opinion on relationship when relevant
- 51. Grounds of opinion when relevant
Character when Relevant
- 52. In civil cases character to prove conduct imputed irrelevant
- 53. In criminal cases previous good character relevant
- 54. Previous bad character not relevant except in reply
- 55. Character as affecting damages
PART II PROOF
CHAPTER III FACTS WHICH NEED NOT BE PROVED
- 56. Fact judicially noticeable need not be proved
- 57. Facts of which court must take judicial notice
- 58. Facts admitted need not be proved
CHAPTER IV ORAL EVIDENCE
- 59. Proof of facts by oral evidence
- 60. Oral evidence must be direct
CHAPTER V DOCUMENTARY EVIDENCE
- 61. Proof of contents of documents
- 62. Primary evidence
- 63. Secondary evidence
- 64. Proof of documents by primary evidence
- 65. Cases in which secondary evidence relating to documents may be given
- 66. Rules as to notice to produce
- 67. Proof of signature and handwriting of person alleged to have signed or written document produced
- 68. Proof of execution of document required by law to be attested
- 69. Proof where no attesting witness found
- 70. Admission of execution by party to attested document
- 71. Proof when attesting witness denies the execution
- 72. Proof of document not required by law to be attested
- 73. Comparison of signature, writing or seal with others admitted or proved
- 73A. Admissibility of documentary evidence in civil cases, etc.
- 73AA. Admissibility of fact in criminal cases, etc.
Public Documents
- 74. Public documents
- 75. Private documents
- 76. Certified copies of public documents
- 77. Proof of documents by production of certified copies
- 78. Proof of certain official documents
- 78A. Proof of public documents produced by computers
Presumptions as to Documents
- 79. Presumption as to genuineness of certified copies
- 80. Presumption as to documents produced as record of evidence
- 81. Presumption as to Gazettes, newspapers, etc.
- 82. Presumption as to document admissible in England without proof of seal or signature
- 83. Presumption as to maps or plans made by authority of Government
- 84. Presumption as to collections of laws and reports of decisions
- 85. Presumption as to powers of attorney
- 86. Presumption as to certified copies of foreign judicial records
- 87. Presumption as to books, maps and charts
- 88. Presumption as to telegraphic messages
- 89. Presumption as to due execution, etc., of documents not produced
- 90. Presumption as to documents twenty years old
Documents Produced by a Computer
- 90A. Admissibility of documents produced by computers, and of statements contained therein
- 90B. Weight to be attached to document, or statement contained in document, admitted by virtue of section 90A
- 90C. Sections 90A and 90B to prevail over other provisions of this Act, the Bankers' Books (Evidence) Act 1949, and any written law
CHAPTER VA ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS
- 90D. Application of Chapter VA
- 90E. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters
- 90F. Certificate relating to foreign evidence
CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
- 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- 92. Exclusion of evidence of oral agreement
- 93. Exclusion of evidence to explain or amend ambiguous document
- 94. Exclusion of evidence against application of document to existing facts
- 95. Evidence as to document unmeaning in reference to existing facts
- 96. Evidence as to application of language which can apply to one only of several persons
- 97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
- 98. Evidence as to meaning of illegible characters, etc.
- 99. Who may give evidence of agreement varying terms of document
- 100. Construction of wills
PART III PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII BURDEN OF PROOF
- 101. Burden of proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 112. Birth during marriage conclusive proof of legitimacy
- 113. Presumption that boy under thirteen cannot commit rape
- 114. Court may presume existence of certain fact
- 114A. Presumption of fact in publication
CHAPTER VIII ESTOPPEL
- 115. Estoppel
- 116. Estoppel of tenant and of licensee of person in possession
- 117. Estoppel of acceptor of bill of exchange, bailee or licensee
CHAPTER IX WITNESSES
- 118. Who may testify
- 119. Dumb witnesses
- 120. Parties to civil suits and wives and husbands
- 121. Judges, Sessions Court Judges and Magistrates
- 122. Communications during marriage
- 123. Evidence as to affairs of State
- 124. Official communications
- 125. Information as to commission of offences
- 126. Professional communications
- 127. Section 126 to apply to interpreters, etc.
- 128. Privilege not waived by volunteering evidence
- 129. Confidential communications with legal advisers
- 130. Production of title deeds of witness not a party
- 131. Production of documents which another person having possession could refuse to produce
- 132. Witness not excused from answering on ground that answer will criminate
- 133. Accomplice
- 133A. Evidence of child of tender years
- 134. Number of witnesses
CHAPTER X EXAMINATION OF WITNESSES
- 135. Order of production and examination of witnesses
- 136. Court to decide as to admissibility of evidence
- 137. Examination-in-chief, cross-examination and re-examination
- 138. Order of examinations and direction of re-examination
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When leading questions may not be asked
- 143. When leading questions may be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 146A. Restrictions on evidence at trials for rape
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 153. Exclusion of evidence to contradict answers to questions testing veracity
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Questions tending to corroborate evidence of relevant fact admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159. Refreshing memory
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents and their translation
- 163. Giving as evidence of document called for and produced on notice
- 164. Using as evidence of document production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of assessors to put questions
CHAPTER XI IMPROPER ADMISSION AND REJECTION OF EVIDENCE
- 167. No new trial for improper admission or rejection of evidence
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