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Chapter IChapter I.--preliminary · Chapter Ii.--of the Relevancy of Facts · Admissions · Statements by Persons Who Cannot Be Called as Witnesses · Statements Made Under Special Circumstances · How Much of a Statement Is to Be Proved · Judgments of Courts of Justice When Relevant · Opinions of Third Persons When Relevant · Character When Relevant

Chapter I.--preliminary

1Short title
2[Repealed.]
3Interpretation-clause
4May Presume. Shall presume.Conclusive proof

Chapter Ii.--of the Relevancy of Facts

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

Admissions

17Admission defined
18Admission ?? by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
19Admissions by persons whose position must be proved as against party to suit
20Admissions by persons expressly referred to by party to suit
21Proof of admissions against persons making them, and by or on their behalf
22When oral admissions as to contents of documents are relevant
22AWhen oral admission as to contents of electronic records are relevant
23Admissions in civil cases when relevant
24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
25Confession to police-officer not to be proved
26Confession by accused while in custody of Police not to be proved against him
27How much of information received from accused, may be proved
28Confession made after removal of impression caused by inducement, threat or promise, relevant
29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
30Consideration of proved confession affecting person making it and others jointly under trial for same offence
31Admissions not conclusive proof, but may estop

Statements by Persons Who Cannot Be Called as Witnesses

32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons, and expresses feelings relevant to matter in question
33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Statements Made Under Special Circumstances

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

How Much of a Statement Is to Be Proved

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

Judgments of Courts of Justice When Relevant

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

Opinions of Third Persons When Relevant

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

Character When Relevant

52In civil cases character to prove conduct imputed, irrelevant
53In criminal cases previous good character relevant
53AEvidence of character or previous sexual experience not relevant in certain cases
54Previous bad character not relevant, except in reply
55Character as affecting damages

Chapter IIChapter Iii.--facts Which Need Not Be Proved · Chapter Iv.--of Oral Evidence · Chapter V.--of Documentary Evidence · Public Documents · Presumptions as to Documents · Chapter VI. –– of the Exclusion of Oral by Documentary Evidence

Chapter Iii.--facts Which Need Not Be Proved

56Fact judicially noticeable need not be proved
57Facts of which Court must take judicial notice
58Facts admitted need not be proved

Chapter Iv.--of Oral Evidence

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

Chapter V.--of Documentary Evidence

61Proof of contents of documents
62Primary evidence
63Secondary evidence
64Proof of documents by primary evidence
65Cases in which secondary evidence relating to documents may be given
65ASpecial provisions as to evidence relating to electronic record
65BAdmissibility of electronic records
66Rules as to notice to produce
67Proof of signature and handwriting of person alleged to have signed or written document produced
67AProof as to electronic signature
68Proof of execution of document required by law to be attested
69Proof where no attesting witness found
70Admission of execution by party to attested document
71Proof when attesting witness denies the execution
72Proof of document not required by law to be attested
73Comparison of signature, writing or seal with others admitted or proved
73AProof as to verification of digital signature

Public Documents

74Public documents
75Private documents
76Certified copies of public documents
77Proof of documents by production of certified copies
78Proof of other official documents

Presumptions as to Documents

79Presumption as to genuineness of certified copies
80Presumption as to documents produced as record of evidence
81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
81APresumption as to Gazettes in electronic forms
82Presumption as to document admissible in England without proof of seal or signature
83Presumption as to maps or plans made by authority of Government
84Presumption as to collections of laws and reports of decisions
85Presumptions as to powers-of-attorney
85APresumption as to electronic agreements
85BPresumption as to electronic records and electronic signatures
85CPresumption as to Electronic Signature Certificates
86Presumption as to certified copies of foreign judicial records
87Presumption as to books, maps and charts
88Presumption as to telegraphic messages
88APresumption as to electronic messages
89Presumption as to due execution, etc., of documents not produced
90Presumption as to documents thirty years old
90APresumption as to electronic records five years old

Chapter VI. –– of the Exclusion of Oral by Documentary Evidence

91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
92Exclusion of evidence of oral agreement
93Exclusion of evidence to explain or amend ambiguous document
94Exclusion of evidence against application of document to existing facts
95Evidence as to document unmeaning in reference to existing facts
96Evidence as to application of language which can apply to one only of several persons
97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
98Evidence as to meaning of illegible characters, etc
99Who may give evidence of agreement varying terms of document
100Saving of provisions of Indian Succession Act relating to wills

Chapter IIIChapter Vii.--of the Burden of Proof · Chapter Viii.--estoppel · Chapter Ix.--of Witnesses · Chapter X.--of the Examination of Witnesses · Chapter Xi.--of Improper Admission and Rejection of Evidence

Chapter Vii.--of the Burden of Proof

101Burden of proof
102On whom burden of proof lies
103Burden of proof as to particular fact
104Burden of proving fact to be proved to make evidence admissible
105Burden of proving that case of accused comes within exceptions
106Burden of proving fact especially within knowledge
107Burden of proving death of person known to have been alive within thirty years
108Burden of proving that person is alive who has not been heard of for seven years
109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
110Burden of proof as to ownership
111Proof of good faith in transactions where one party is in relation of active confidence
111APresumption as to certain offences
112Birth during marriage, conclusive proof of legitimacy
113Proof of cession of territory
113APresumption as to abetment of suicide by a married woman
113BPresumption as to dowry death
114Court may presume existence of certain facts
114APresumption as to absence of consent in certain prosecution for rape

Chapter Viii.--estoppel

115Estoppel
116Estoppel of tenants and of licensee of person in possession
117Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter Ix.--of Witnesses

118Who may testify
119Witness unable to communicate verbally
120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
121Judges and Magistrates
122Communications during marriage
123Evidence as to affairs of State
124Official communications
125Information as to commission of offences
126Professional communications
127Section 126 to apply to interpreters, etc
128Privilege not waived by volunteering evidence
129Confidential communications with legal advisers
130Production of title-deeds of witness not a party
131Production of documents or electronic records which another person, having possession, could refuse to produce
132Witness not excused from answering on ground that answer will criminate
133Accomplice
134Number of witnesses

Chapter X.--of the Examination of Witnesses

135Order of production and examination of witnesses
136Judge to decide as to admissibility of evidence
137Examination-in-chief
138Order of examinations
139Cross-examination of person called to produce a document
140Witnesses to character
141Leading questions
142When they must not be asked
143When they may be asked
144Evidence as to matters in writing
145Cross-examination as to previous statements in writing
146Questions lawful in cross-examination
147When witness to be compelled to answer
148Court to decide when question shall be asked and when witness compelled to answer
149Question not to be asked without reasonable grounds
150Procedure of Court in case of question being asked without reasonable grounds
151Indecent and scandalous questions
152Questions intended to insult or annoy
153Exclusion of evidence to contradict answers to questions testing veracity
154Question by party to his own witness
155Impeaching credit of witness
156Questions tending to corroborate evidence of relevant fact, admissible
157Former statements of witness may be proved to corroborate later testimony as to same fact
158What matters may be proved in connection with proved statement relevant under section 32 or 33
159Refreshing memory.When witness may use copy of document to refresh memory
160Testimony to facts stated in document mentioned in section 159
161Right of adverse party as to writing used to refresh memory
162Production of documents.Translation of documents
163Giving, as evidence, of document called for and produced on notice
164Using, as evidence, of document production of which was refused on notice
165Judges power to put questions or order production
166Power of jury or assessors to put questions

Chapter Xi.--of Improper Admission and Rejection of Evidence

167No new trial for improper admission or rejection of evidence

Previous: Section 105 Next: Section 107

IEA 106Chapter III · Chapter Vii.--of the Burden of ProofNow BSA 109

Section 106 · Burden of proving fact especially within knowledge

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When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustration

(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.

In the new law

IEA 106BSA 109

109. Burden of proving fact especially within knowledge.

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