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1 | PRELIMINARY | PRELIMINARY | 1 | Short title, application and commencement. | (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.
(2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.
(3) It shall come into force on such date1 as the Central Gover... |
1 | PRELIMINARY | PRELIMINARY | 2 | Definitions | (1) In this Adhiniyam, unless the context otherwise requires,--
(a) "Court" includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence;
(b) "conclusive proof" means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof... |
2 | RELEVANCY OF FACTS | RELEVANCY OF FACTS | 3 | 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 to be relevant, and of no others.
Explanation.--This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provisi... |
2 | Closely connected facts | Closely connected facts | 4 | Relevancy of facts forming part of same transaction. | Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.
Illustrations.
(a) A is accused of the murder of B by beating him. Whatever was said or don... |
2 | Closely connected facts | Closely connected facts | 5 | Facts which are occasion, cause or effect of facts in issue or relevant facts. | Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B. The f... |
2 | Closely connected facts | Closely connected facts | 6 | Motive, preparation and previous or subsequent conduct. | (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the co... |
2 | Closely connected facts | Closely connected facts | 7 | Facts necessary to explain or introduce fact in issue or 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 a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happe... |
2 | Closely connected facts | Closely connected facts | 8 | 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 or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a re... |
2 | Closely connected facts | Closely connected facts | 9 | When facts not otherwise relevant become relevant. | Facts not otherwise relevant are relevant--
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations.
(a) The question is, wheth... |
2 | Closely connected facts | Closely connected facts | 10 | Facts tending to enable Court to determine amount are relevant in suits for damages. | 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 |
2 | Closely connected facts | Closely connected facts | 11 | 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 question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or c... |
2 | Closely connected facts | Closely connected facts | 12 | 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, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is i... |
2 | Closely connected facts | Closely connected facts | 13 | Facts bearing on question whether act was accidental or intentional. | When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
Illustrations.
(a) A is accused of burning down his house ... |
2 | Closely connected facts | Closely connected facts | 14 | 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 a relevant fact.
Illustrations.
(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all let... |
2 | Admissions | Admissions | 15 | Admission defined. | An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. |
2 | Admissions | Admissions | 16 | Admission by party to proceeding or his agent. | (1) Statements made by a 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 impliedly authorised by him to make them, are admissions.
(2) Statements made by--
(i) parties to suits suing or sued in a representative character, are not ad... |
2 | Admissions | Admissions | 17 | 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 relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making th... |
2 | Admissions | Admissions | 18 | Admissions by persons expressly referred to by party to suit. | Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
Illustration
The question is, whether a horse sold by A to B is sound.
A says to B-- "Go and ask C, C knows all about it". C's statement is an admission. |
2 | Admissions | Admissions | 19 | 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 of the person who makes them or by his representative in interest, except in the following cases, namely:--
(1) an admission may be proved by or on behalf of the p... |
2 | Admissions | Admissions | 20 | When oral admissions as to contents of documents are relevant. | Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question |
2 | Admissions | Admissions | 21 | Admissions in civil cases when 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 which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation.--Nothing in this section shall be taken to exempt a... |
2 | Admissions | Admissions | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. | 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 inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the o... |
2 | Admissions | Admissions | 23 | Confession to police officer. | (1) No confession made to a police officer shall be proved as against a person accused of any offence
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to ... |
2 | Admissions | Admissions | 24 | 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 persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.
E... |
2 | Admissions | Admissions | 25 | Admissions 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.
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2 | Statements by persons who cannot be called as witnesses | Statements by persons who cannot be called as witnesses | 26 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. | null |
2 | Statements by persons who cannot be called as witnesses | Statements by persons who cannot be called as witnesses | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. | Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, ... |
2 | Statements made under special circumstances | Statements made under special circumstances | 28 | Entries in books of account when relevant. | Entries in the books of account, including those maintained in an electronic form, regularly kept in the course of business are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
Illustration
A sue... |
2 | Statements made under special circumstances | Statements made under special circumstances | 29 | Relevancy of entry in public record or an electronic record made in performance of duty. | An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, regist... |
2 | Statements made under special circumstances | Statements made under special circumstances | 30 | 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 authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts |
2 | Statements made under special circumstances | Statements made under special circumstances | 31 | 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 of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or ... |
2 | Statements made under special circumstances | Statements made under special circumstances | 32 | Relevancy of statements as to any law contained in law books including electronic or digital form. | 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 including in electronic or digital form under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of suc... |
2 | How much of a statement is to be proved | How much of a statement is to be proved | 33 | 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 document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much a... |
2 | Judgments of Courts when relevant | Judgments of Courts when relevant | 34 | Previous judgments relevant to bar a second suit or trial. | The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial. |
2 | Judgments of Courts when relevant | Judgments of Courts when relevant | 35 | Relevancy of certain judgments in probate, etc., jurisdiction. | (1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specifi... |
2 | Judgments of Courts when relevant | Judgments of Courts when relevant | 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. | Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.
Illustration.
A sues B for trespass on his land. B alleges the existence of a ... |
2 | Judgments of Courts when relevant | Judgments of Courts when relevant | 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. | Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Adhiniyam.
Illustrations.
(a) A and B separately sue C for a libel which reflects upon each o... |
2 | Judgments of Courts when relevant | Judgments of Courts when relevant | 38 | 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 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 39 | Opinions of experts. | (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of han... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 40 | 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.
(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which e... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 41 | Opinion as to handwriting and signature, when relevant. | (1) 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 of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
Explanation.--A perso... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 42 | Opinion as to existence of general custom or right, 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, of persons who would be likely to know of its existence if it existed, are relevant
Explanation.--The expression “general custom or right” includes customs or rights commo... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 43 | Opinion as to usages, tenets, etc., when relevant. | When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or
(iii) the meaning of words or terms used in particular districts or by particular classes of people,
the opinions of persons having spec... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 44 | 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 relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:
Provided that such opinion sha... |
2 | Opinions of third persons when relevant | Opinions of third persons when relevant | 45 | Grounds of opinion, when relevant. | Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.
Illustrations.
An expert may give an account of experiments performed by him for the purpose of forming his opinion. |
2 | Character when relevant | Character when relevant | 46 | In civil cases character to prove conduct imputed, irrelevant. | null |
2 | Character when relevant | Character when relevant | 47 | In criminal cases previous good character relevant. | null |
2 | Character when relevant | Character when relevant | 48 | Evidence of character or previous sexual experience not relevant in certain cases. | In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, ev... |
2 | Character when relevant | Character when relevant | 49 | Previous bad character not relevant, except in reply. | In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant
Explanation 1.--This section does not apply to cases in which the bad character of any person is itself a fact in issue.
Explanation 2.--A... |
2 | Character when relevant | Character when relevant | 50 | 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.
Explanation.--In this section and sections 46, 47 and 49, the word "character" includes both reputation and disposition; but, except as provided in section 49, evidence may be giv... |
3 | FACTS WHICH NEED NOT BE PROVED | FACTS WHICH NEED NOT BE PROVED | 51 | Fact judicially noticeable need not be proved. | No fact of which the Court will take judicial notice need be proved. |
3 | FACTS WHICH NEED NOT BE PROVED | FACTS WHICH NEED NOT BE PROVED | 52 | Facts of which Court shall take judicial notice. | (1) The Court shall take judicial notice of the following facts, namely:--
(a) all laws in force in the territory of India including laws having extra-territorial operation;
(b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations o... |
3 | FACTS WHICH NEED NOT BE PROVED | FACTS WHICH NEED NOT BE PROVED | 53 | Facts admitted need not be proved. | No fact needs 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 to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:
Provided t... |
4 | OF ORAL EVIDENCE | OF ORAL EVIDENCE | 54 | Proof of facts by oral evidence. | All facts, except the contents of documents may be proved by oral evidence. |
4 | OF ORAL EVIDENCE | OF ORAL EVIDENCE | 55 | Oral evidence to be direct. | Oral evidence shall, in all cases whatever, be direct; if it refers to,--
(i) a fact which could be seen, it must be the evidence of a witness who says he saw it;
(ii) a fact which could be heard, it must be the evidence of a witness who says he heard it;
(iii) a fact which could be perceived by any other sense or i... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 56 | Proof of contents of documents. | The contents of documents may be proved either by primary or by secondary evidence. |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 57 | Primary evidence. | Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1.--Where a document is executed in several parts, each part is primary evidence of the document.
Explanation 2.--Where a document is executed in counterpart, each counterpart being executed by one or some of the parties ... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 58 | Secondary evidence. | Secondary evidence includes--
(i) certified copies given under the provisions hereinafter contained;
(ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;
(iii) copies made from or compared with the original
(iv) counter... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 59 | Proof of documents by primary evidence. | Documents shall be proved by primary evidence except in the cases hereinafter mentioned |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 60 | Cases in which secondary evidence relating to documents maybe given | Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely:--
(a) when the original is shown or appears to be in the possession or power--
(i) of the person against whom the document is sought to be proved; or
(ii) of any person out of reach of, or not subje... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 61 | Electronic or digital record. | Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.
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5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 62 | Special provisions as to evidence relating to electronic record | The contents of electronic records may be proved in accordance with the provisions of section 63.
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5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 63 | Admissibility of electronic records. | (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in an... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 64 | Rules as to notice to produce. | Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it as is... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 65 | 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 is alleged to be in that person's handwriting must be proved to be in his handwriting.
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5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 66 | Proof as to electronic signature. | Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved. |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 67 | 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 proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
Provided that it shall not be ... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 68 | Proof where no attesting witness found. | If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 69 | 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 document required by law to be attested.
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5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 70 | Proof when attesting witness denies execution. | If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
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5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 71 | Proof of document not required by law to be attested. | An attested document not required by law to be attested may be proved as if it was unattested. |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 72 | Comparison of signature, writing or seal with others admitted or proved | (1) 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 seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, altho... |
5 | OF DOCUMENTARY EVIDENCE | OF DOCUMENTARY EVIDENCE | 73 | Proof 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 Controller or the Certifying Authority to produce the Digital Signature Certificate;
(b) any other person to apply the public key listed in the Digital Signat... |
5 | Public documents | Public documents | 74 | Public and private documents. | (1) The following documents are public documents:--
(a) documents forming the acts, or records of the acts--
(i) of the sovereign authority;
(ii) of official bodies and tribunals; and
(iii) of public officers, legislative, judicial and executive of India or of a foreign country;
(b) public records kept in any Stat... |
5 | Public documents | Public documents | 75 | 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 payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case ma... |
5 | Public documents | Public documents | 76 | 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. |
5 | Public documents | Public documents | 77 | Proof of other official documents | The following public documents may be proved as follows: --
(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration--
(i) by the records of the Departments, certified b... |
5 | Presumptions as to documents | Presumptions as to documents | 78 | Presumption as to genuineness of certified copies.P | (1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government:
Provided tha... |
5 | Presumptions as to documents | Presumptions as to documents | 79 | Presumption as to documents produced as record of evidence, etc. | Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, tak... |
5 | Presumptions as to documents | Presumptions as to documents | 80 | Presumption as to Gazettes, newspapers, and other documents. | The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper... |
5 | Presumptions as to documents | Presumptions as to documents | 81 | Presumption as to Gazettes in electronic or digital record. | The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from ... |
5 | Presumptions as to documents | Presumptions as to documents | 82 | 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 the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate. |
5 | Presumptions as to documents | Presumptions as to documents | 83 | 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 any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country
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5 | Presumptions as to documents | Presumptions as to documents | 84 | 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 any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.
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5 | Presumptions as to documents | Presumptions as to documents | 85 | Presumption as to electronic agreements. | The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.
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5 | Presumptions as to documents | Presumptions as to documents | 86 | Presumption as to electronic records and electronic signatures. | (1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.
(2) In any proceeding, involving secure electronic signature, the Court shall presum... |
5 | Presumptions as to documents | Presumptions as to documents | 87 | Presumption as to Electronic Signature Certificates. | The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. |
5 | Presumptions as to documents | Presumptions as to documents | 88 | Presumption as to certified copies of foreign judicial records. | (1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner comm... |
5 | Presumptions as to documents | Presumptions as to documents | 89 | Presumption as to books, maps and charts. | The Court 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 statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at... |
5 | Presumptions as to documents | Presumptions as to documents | 90 | 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 to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such... |
5 | Presumptions as to documents | Presumptions as to documents | 91 | 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 law. |
5 | Presumptions as to documents | Presumptions as to documents | 92 | 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 Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s han... |
5 | Presumptions as to documents | Presumptions as to documents | 93 | Presumption as to electronic records five years 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, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person aut... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 94 | 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 any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other dispositio... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 95 | Exclusion of evidence of oral agreement. | When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their represent... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 96 | 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 defects.
Illustrations.
(a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show w... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 97 | 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 to apply to such facts.
Illustration.
A sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at Rampur containing one hund... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 98 | Evidence as to document unmeaning in reference to existing facts. | When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration.
A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had ... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 99 | 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 persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.
Illustrations.
(a) A agrees to sell t... |
6 | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE | 100 | 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 to either, evidence may be given to show to which of the two it was meant to apply.
Illustration
A agrees to sell to B "my land at X in the occupation of Y". A ha... |
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