Category: Indian Evidence Act 1872

Section 16 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 16 Indian Evidence Act 1872

Section 16 of the Indian Evidence Act 1872 is about ‘Existence of course of business when relevant’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

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 despatched.

The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place are relevant.

(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.

See also:

Section 15 Indian Evidence Act 1872 (Facts bearing on question whether act was accidental or intentional)

Section 17 Indian Evidence Act 1872 (Admission defined)

Section 15 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 15 Indian Evidence Act 1872

Section 15 of the Indian Evidence Act 1872 is about ‘Facts bearing on question whether act was accidental or intentional’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

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 in order to obtain money for which it is insured.
The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental.

(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive.

The question is, whether this false entry was accidental or intentional.

The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant.

(c) A is accused of fraudulently delivering to B a counterfeit rupee.

The question is, whether the delivery of the rupee was accidental.

The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B was not accidental.

See also:

Section 14 Indian Evidence Act 1872 (Facts showing existence of state of mind, or of body, of bodily feeling)

Section 16 Indian Evidence Act 1872 (Existence of course of business when relevant)

Section 14 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 14 Indian Evidence Act 1872

Section 14 of the Indian Evidence Act 1872 is about ‘Facts showing existence of state of mind, or of body, of bodily feeling’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

Facts showing existence of state of mind, or of body, of bodily feeling

Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will 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 in issue or relevant.

[Explanation 1. –– A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

Explanation 2. –– But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.]

Illustrations

(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article.
The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen.

[(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit.
The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.]

(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious.
The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.

(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of a payee was fictitious.
The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.

(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.
The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A’s intention to harm B’s reputation by the particular publication in question.

The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss.
The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith.

(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor.
A’s defence is that B’s contract was with C.
The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C’s own account, and not as agent for A.

(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found.

The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found.

The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A’s good faith.

(i) A is charged with shooting at B with intent to kill him. In order to show A’s intent the fact of A’s having previously shot at B may be proved.

(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters.

(k) The question is, whether A has been guilty of cruelty towards B, his wife.
Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts.

(l) The question is whether A’s death was caused by poison.
Statements made by A during his illness as to his symptoms are relevant facts.

(m) The question is, what was the state of A’s health at the time when an assurance on his life was effected.
Statements made by A as to the state of his health at or near the time in question are relevant facts.

(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.
The fact that B’s attention was drawn on other occasions to the defect of that particular carriage is relevant.
The fact that B was habitually negligent about the carriages which he let to hire is irrelevant.

(o) A is tried for the murder of B by intentionally shooting him dead.
The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.

(p) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is relevant.
The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.

See also:

Section 13 Indian Evidence Act 1872 (Facts relevant when right or custom is in question)

Section 15 Indian Evidence Act 1872 (Facts bearing on question whether act was accidental or intentional)

Section 13 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 13 Indian Evidence Act 1872

Section 13 of the Indian Evidence Act 1872 is about ‘Facts relevant when right or custom is in question’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

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, recognized, asserted or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.

Illustrations

The question is, whether A has a right to a fishery.

A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.

See also:

Section 12 Indian Evidence Act 1872 (In suits for damages, facts tending to enable Court to determine amount are relevant)

Section 14 Indian Evidence Act 1872 (Facts showing existence of state of mind, or of body of bodily feeling)

Section 12 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 12 Indian Evidence Act 1872

Section 12 of the Indian Evidence Act 1872 is about ‘In suits for damages, facts tending to enable Court to determine amount are relevant’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

In suits for damages, facts tending to enable Court to determine amount are relevant

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.

See also:

Section 11 Indian Evidence Act 1872 (When facts not otherwise relevant become relevant)

Section 13 Indian Evidence Act 1872 (Facts relevant when right or custom is in question)

Section 11 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 11 Indian Evidence Act 1872

Section 11 of the Indian Evidence Act 1872 is about ‘When facts not otherwise relevant become relevant’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

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, whether A committed a crime at Calcutta on a certain day.
The fact that, on that day, A was at Lahore is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

(b) The question is, whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant.

See also:

Section 10 Indian Evidence Act 1872 (Things said or done by conspirator in reference to common design)

Section 12 Indian Evidence Act 1872 (In suits for damages, facts tending to enable Court to determine amount are relevant)

Section 10 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 10 Indian Evidence Act 1872

Section 10 of the Indian Evidence Act 1872 is about ‘Things said or done by conspirator in reference to common design’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

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 relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the [Government of India].

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and
although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.

See also:

Section 9 Indian Evidence Act 1872 (Facts necessary to explain or introduce relevant facts)

Section 11 Indian Evidence Act 1872 (When facts not otherwise relevant become relevant)

Section 9 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 9 Indian Evidence Act 1872

Section 9 of the Indian Evidence Act 1872 is about ‘Facts necessary to explain or introduce relevant facts’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

Facts necessary to explain or introduce 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 relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

Illustrations

(a) The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.

(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue.
The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B for inducing C to break a contract of service made by him with A, C, on leaving A’s service, says to A –– “I am leaving you because B has made me a better offer.” This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.

(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he delivers it––“A says your are to hide this.” B’s statement is relevant as explanatory of a fact which is part of the transaction.

(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.

See also:

Section 8 Indian Evidence Act 1872 (Motive, preparation and previous or subsequent conduct)

Section 10 Indian Evidence Act 1872 (Things said or done by conspirator in reference to common design)

Section 8 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 8 Indian Evidence Act 1872

Section 8 of the Indian Evidence Act 1872 is about ‘Motive, preparation and previous or subsequent conduct’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

Motive, preparation and previous or subsequent conduct

Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

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 conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1. –– The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2. –– When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations

(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.

(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.

(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant.

(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence –– “the police are coming to look for the man who robbed B,” and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing–– “I advise you not to trust A, for he owes B 10,000 rupees,” and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime.
The fact that A absconded, after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant.

(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed, without making any complaint, is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

See also:

Section 7 Indian Evidence Act 1872 (Facts which are the occasion, cause or effect of facts in issue)

Section 9 Indian Evidence Act 1872 (Facts necessary to explain or introduce relevant facts)

Section 7 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 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, of 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 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 22A. 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 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 Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from 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, 41 and 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 hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, 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. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact 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 documents 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. 73A. 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. 81A. 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. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. 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 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. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. 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 tenants 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 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. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 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 section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation 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 assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 7 Indian Evidence Act 1872

Section 7 of the Indian Evidence Act 1872 is about ‘Facts which are the occasion, cause or effect of facts in issue’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

Facts which are the occasion, cause or effect of facts in issue

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 facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it,
or mentioned the fact that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B.
The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

See also:

Section 6 Indian Evidence Act 1872 (Relevancy of facts forming part of same transaction)

Section 8 Indian Evidence Act 1872 (Motive, preparation and previous or subsequent conduct)