Evidence Act 1950 [Act 56]   cite [+]

ARRANGEMENT OF SECTIONS

  1. Preamble

  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

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

      17. Admissions and Confessions

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

      33. Statements by Persons who cannot be called as Witnesses

    33. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
    34. 33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

      35. Statements made under Special Circumstances

    35. 34. Entries in books of account when relevant
    36. 35. Relevancy of entry in public record made in performance of duty
    37. 36. Relevancy of statements in maps, charts and plans
    38. 37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications
    39. 38. Relevancy of statements as to any law contained in law books

      40. How Much of a Statement to be Proved

    40. 39. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers

      41. Judgments of Courts when Relevant

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

      46. Opinions of Third Persons when Relevant

    46. 45. Opinions of experts
    47. 46. Facts bearing upon opinions of experts
    48. 47. Opinion as to handwriting when relevant
    49. 48. Opinion as to existence of right or custom when relevant
    50. 49. Opinion as to usages, tenets, etc., when relevant
    51. 50. Opinion on relationship when relevant
    52. 51. Grounds of opinion when relevant

      53. Character when Relevant

    53. 52. In civil cases character to prove conduct imputed irrelevant
    54. 53. In criminal cases previous good character relevant
    55. 54. Previous bad character not relevant except in reply
    56. 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

    4. 59. Proof of facts by oral evidence
    5. 60. Oral evidence must be direct

      6. CHAPTER V   DOCUMENTARY EVIDENCE

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

      21. Public Documents

    21. 74. Public documents
    22. 75. Private documents
    23. 76. Certified copies of public documents
    24. 77. Proof of documents by production of certified copies
    25. 78. Proof of certain official documents
    26. 78A. Proof of public documents produced by computers

      27. Presumptions as to Documents

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

      39. Documents Produced by a Computer

    39. 90A. Admissibility of documents produced by computers, and of statements contained therein
    40. 90B. Weight to be attached to document, or statement contained in document, admitted by virtue of section 90A
    41. 90C. Sections 90A and 90B to prevail over other provisions of this Act, the Bankers' Books (Evidence) Act 1949, and any written law

      42. CHAPTER VA   ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS

    42. 90D. Application of Chapter VA
    43. 90E. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters
    44. 90F. Certificate relating to foreign evidence

      45. CHAPTER VI   EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

    45. 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
    46. 92. Exclusion of evidence of oral agreement
    47. 93. Exclusion of evidence to explain or amend ambiguous document
    48. 94. Exclusion of evidence against application of document to existing facts
    49. 95. Evidence as to document unmeaning in reference to existing facts
    50. 96. Evidence as to application of language which can apply to one only of several persons
    51. 97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
    52. 98. Evidence as to meaning of illegible characters, etc.
    53. 99. Who may give evidence of agreement varying terms of document
    54. 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

    16. 115. Estoppel
    17. 116. Estoppel of tenant and of licensee of person in possession
    18. 117. Estoppel of acceptor of bill of exchange, bailee or licensee

      19. CHAPTER IX   WITNESSES

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

      37. CHAPTER X   EXAMINATION OF WITNESSES

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

      70. CHAPTER XI   IMPROPER ADMISSION AND REJECTION OF EVIDENCE

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

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