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index rjs bare act

The Evidence Act of 1872 outlines the rules and principles governing the admissibility of evidence in legal proceedings. It covers various aspects such as the relevance of facts, the burden of proof, admissions, confessions, and the treatment of documents, including electronic records. The Act aims to ensure fair trials by establishing clear guidelines for the presentation and evaluation of evidence.

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0% found this document useful (0 votes)
3 views

index rjs bare act

The Evidence Act of 1872 outlines the rules and principles governing the admissibility of evidence in legal proceedings. It covers various aspects such as the relevance of facts, the burden of proof, admissions, confessions, and the treatment of documents, including electronic records. The Act aims to ensure fair trials by establishing clear guidelines for the presentation and evaluation of evidence.

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adilmohdkhan1089
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We take content rights seriously. If you suspect this is your content, claim it here.
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Evidence Act, 1872 1. Short title, extent and commencement. 2. Repeal of enactments 3.

Interpretation
clause. 4."May presume" . 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. 17. Admission
defined. 18. Admission by party to proceeding or his agent; by suitor in representative character; by
party interested in subject matter; by person from whom interested derived. 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. 22-A. When oral admission as to
contents of electronic records 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 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. 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. 34.Entries in books of accounts including those
maintained in an electronic form , when relevant. 35. Relevancy of entry in public record of an electronic
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 Acts or notifications. 38.
Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when
statement forms part of a conversation, document, electronic record, book or series of letters or papers
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. 45.
Opinions of experts. 45A. Opinion of Examiner of Electronic Evidence. 46. Facts bearing upon opinions of
experts. 47. Opinion as to handwriting, when relevant. 47-A. Opinion as to 48. Opinion as to existence of
right or custom, when relevant. 49. Opinions as to usages, tenets, etc., when relevant. 50. Opinion on
relationship, when relevant. 51. Grounds of opinion, when relevant. 52. In civil cases character to prove
conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of
character or pervious sexual experience not relevant in certain cases. 54. Previous bad character not
relevant, except in reply. 55. Character as affecting damages. 56. Facts judicially noticeable need not be
proved. 57. Facts of which Court must take judicial notice. 58. Facts admitted need not be proved. 59.
Proof of facts by oral evidence. 60. Oral evidence must be direct. 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 document may be given. 65A. Special provisions as to evidence
relating to electronic record. 65B. Admissibility of electronic records. 66. Rules as to notice to produce.
67. Proof of signature and handwriting of person alleged to have signed or written document produced.
67A. Proof as to electronic signature 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. 73-A. Proof as to
verification of digital signature. 74. Public documents. 75. Private documents. 76. Certified copies of
public documents. 77. Proof of documents by production of certified copies. 78. Proof of other official
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, private Acts of Parliament
and other documents. 81-A. Presumption as to Gazettes in electronic forms. 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. 85-A. Presumption as to electronic agreements. 85-B.
Presumptions as to electronic records and electronic Signatures 85-C. Presumption as to 86.
Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and
charts. 88. Presumption as to telegraphic massages. 88-A. Presumption as to electronic messages. 89.
Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents
thirty years old. 90-A. Presumption as to electronic records five years old. 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. Saving of provisions of Indian
Succession Act relating to wills. 101. Burden of proof. 102. On whom burden of proof lies. 103. Burden
of proof as to any 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 a 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. 111-A. Presumption as to certain offences. 112. Birth during marriage,
conclusive proof of legitimacy. 113. Proof of cession of territory. 113-A. Presumption as to abetment of
suicide by a married woman. 113-B. Presumption as to dowry death. 114. Court may presume existence
of certain facts. 114A. Presumption as to absence of consent in certain prosecution for rape. 115.
Estoppel. 116. Estoppel of tenant; and of licensee of person in possession. 117. Estoppel of acceptor of
bill of exchange, bailee or licensee. 118. Who may testify. 119. Witness unable to communicate verbally.
120. Parties to civil suit and their wives or husbands Husband or wife of person under criminal trial. 121.
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 or electronic records which another
person, having possession, could refuse to produce. 132. Witness not excused from answering on the
ground that answer will criminate. 133. Accomplice. 134. Number of witnesses. 135. Order of
production and examination of witnesses. 136. Judge to decide as to admissibility of evidence. 137.
Examination-in-chief. 138. Order of examinations. 139. Cross-examination of person called to produce a
document. 140. Witnesses to character. 141. Leading questions. 142. When they must not be asked.
143. When they 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. 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. 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 jury or
asessors to put questions. 167. No new trial for improper admission or rejection of evidence.

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