Indian Evidence Act 1872.pdf - Daman

"...'~ ."""",," '"," """! . "}~ .-- - - -- - -- --THE INDIAN EVIDENCE ACT, 1872~CONT'ENT S.~.'1-Preamble.RELEVANCYPartI.OF }'ACl'S.~\tI'1,.-CHAPTERSJiJCTION.1. Short title,Extent,Commencement of Act.2. nepeal of enactments.3, Interpretation-clause.Lt. " May presume."" Shall presume." ,"Conclusive proof."I~-PRELIMINARY,CHAPTERII.-OF THE RELEVANCYOF F~CTS.5. Evidence may be given of facts in issue and relevantfacts.6.7.Relevancyof facts forming part of same transaction.Facts which are occasion,cause,or effectof factsin issue.8.9.Motive, preparation and previousor subsequent'conduct.Facts necessaryto explain or introduce relevant facts.10. Things' said or done by conspiratorin referenceto com~mondesign. ' '11. When facts not otherWise relevant become l'eleyant.12. In suits for damages, facts tendingdetermine amount are relevant.to ena'hle Court to13. Facts relevant when right or custom is in question.14. Facts showing existence of state of mind, or of body orbodily feeling.15. Facts bearing on question whether act was accidental orintentional. "16. Existence of' COurseof business, when relevant.j... .,.1:ADMISSIONS.17. "Admission defined.18. Admission-, by party to proceedingor his agent;by suitor in representativecharactel';'by party interested in subject-matter;by person from whom interest derived.19.[Price one,l'M}Jee'threeatl/ttas(Utathree.pies. ]""" ','AdmissionES,.

~IJ..I-~-SEC'l'ION.19~ Admissions by persons whose position must be provedas against party to suit. - -20. Admissions by persons expressly referred to by party .tosuit.21. Proof of admissions against persons making them, and'. by -or on their behalf. .22. When oral admissions ~s to contents of documents arerelevant. -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 tobe pr.'wedagainst him, .27. How much of information received from accused, mty be,"proved.28. Confession made after removal of impression caused by29.inducement, th~eat or promise, relevant,-'Confession otherwise relevant not to become irrelevantbecause of promise of secrecy, &c. - -SO. Consideration of proved confession affecting person mak.ing it and others jointly under trial for same offence.S1. Admissions not conclusive proof, but may estop.STATEMENTS BY PERSONS WHO CANNOTBE CALLED AS WITNESSES.32.;);).:)u,Cases in which statement of relevant fact by perSOllwhois dead or cannot be found, &c., is relevant.When it relates to cause of death;or is made in course of business;or against interest of maker; .-or gives opinion as to public right or custom, ormatters of general ihterest ; , -or relates to ~xist~nce of relationship; - " ;or is made in will or deed relating to family affairs ;,-or in document relating to transaction mentionetl'in section 13, clause (a) ; - - -or is made by several persons, and -expresses feelings.relevant to matter in question.Helevancy of certain evidence for proving, in subso..quent proceeding, the truth of facts therein stated.I'j,.;2STATEMENTS 1vIADEUNDER SPECIALCIRCUMSTANCES.34. Entries ill books of account when relevant.35, Helevancyof entry in public record) made in performance36.of duty. -Relevancy of statements in maps, chal'ts and plans,;37. Itelevancy of statement as to fact of' public nature) con~t.ained in certain Acts or notifications.38. I-televann-- ~.~-

'.}",111:38. Rdevilllcy of statements as to a,llY low eontained inlaw-books.-r I8ECT'ION.HowMUCH OF, A STATEMENT IS TO BE PROVED.;3U. What evidence to be given when statement forms partof a conversation, document, book, or series of lettersor papers.JUDGMENTS OF COURTS OF JUSTICE, WHEN RELEVANT.'40. Previous judgments "relevant to bar a second suit, ortrial.,1.1. Relevancy of, certain judgmentsdiction.in p}'obate, &c., juris-..42. Relevancy and effect of judgments, orders or decrees,,t3.other than those mentioned in "section 41.Judgments, &c., other than those mentioned insectiol1s40-42, when relevant. '44. Fraud or collusion in, obtaining judgment, or incompetencyof Court, may be pr9ved.45.46.47.48.49.50.Gl.OPINIONSOF THIRD PERSONS,' WHEN RELEVAltr.Opinions of experts.Facts bearing upon opinions of experts.Opinion as to handwriting, when relevant.Opinion as to existence of right or custom, whenrelevant.Opinions as to usages, tenets, &c~ when relevant.Opinion 011relationship, when relevant.Grounds of opinion, when relevant.CHARACTER WHEN RELEVANT.&2. In civil cases, du~racter to prove conduct imputed,'"irrelevant. 'b~ ."ofi-53. In criminal cases, previous good character relevant. 'fj4., In criminal proceedings previous convict,ion relevant, butnot previous had character, except in reply.G[i. Character as affef'.tingdamages.--Part II.ON PROOF.CHAPTER lII.-lhcTS WHICH NEED NOT BF;PROVlm.56.57.'Fact judicially noticeable need not be proved.}'1actsof ",hich Court must take judicial notice.58. Fac1;sadmitted need not be proved.""",CHAPTER IV.-OF ORAL EVIDENCB.59. Proof of facts by oral evidence.co. Oral evidence must be direct.CHAPTER V.~>.J. ~

-'-IVSECTION...."CHAPTER V.~OF DOCUMENTARY. .BVlI}J1:NCK.6.]. Proof of contents of documents.(12. Primary evidence.63, Secondary evidence.64. Proof of documents by primary evidence.. 65. Cases in which secondary evidence rela~ing to docti~ments may be given. ..66. Rules as to notice to produce. .67. 'Proof of signature and handwriting of person allegedto have signed or written document produced.68. Proof of execution of document reqllired by law to beatte~\ied.eg, Proof where no attesting witness found.70, Admission of execution by party to attested document.71. Proof when attesting witness denies tbe ex.ecution.7 9 ..... Proof of document not required by law to be attested.7a. G)mparison of signature, writing- or seal with othersadmitted or proved.,; ", 1PUBLICDOCUMENTS.74., Public documents,75. Private documents,76. Certified copies of public documents.77,78.Proof of documents by production of certified copies..Proof of other official dOCUmeIlts.PRESUMFTIONSAS TO DOCUl"IENTS.479. Presumption as to genuineness of certified copies.80. Presumption as to documentsevidence.produced as. record (if81. Presumption as.to Gazettes, newspapers, private Acts -of Parliament and other documents.82. Presumption as to document admissible in Englandwithout proof of seal or signature.83. Presumption as.to maps or plans made by authorityof Government.84. Presumption as to collections of laws and l'eports ofdecisions. .85. Presumption as to powers-or-attorney.g6. Presumption as to certified copies of foreignl'ecords.judicialS7, Presumption as to books) maps and charts.~8. Presumption as to -telegraphicmessages.89. Presumption as to due execution, &c., ofd:ocuments..\not produced.90. Presumption as to documents thirty years old.CHAP'l"EIt Y1 .--,rQs.

:!Di!J~to'"T...,. . "I );SItC'l'lON.CHAPTER Vr.-OF THE EXOLUSION OF ORAL BY DOOUMEN'l'AItIEVIDENCE.91. Evidence of terms of contracts, grants and other disapositions'ofproperty reduced to form of document.92. Exclusion of evidenceof oral agreement.93. Exclusion of evidence to. explain or amend ambiguous.document.94. Exclusion of evidence against. application of documentto existing facts.95. .Evidence as to document unmeaning in reference toexisting facts.96. Evidence. as to application of la~:gua.gc which canapply to one only of several persons.97. }~viclcl1ceas to application of language to one of tW(}sets of facts, to neither of which the wholecorrectly applies.98. Evidence as to meaning of illegible characters, &c.H9. Who may give evidence of agreement varying termsof docuxnent. ' .!00. Saving of provisions of.lating to wills.Indian Succession Act reaf.},. .rj~.~.Part III.PRODUCTION AND EFFECTCHAPTERVI I.-OFOF EVIDENCE.THE BURDENOF PROO1

..,-VJ1Si!:CTION.,.1\If- !149. Question not to be,asked without reasonable grounds.150. Procedure of Court in case of question being asked151.152,.153.without reasonablegrounds.Indecent and scandalous questions.Questions intended to insult or annoy.Exclusion of evidenceto contradict answers to questionstesting veracity. ..154. ,Question by party to his own witness.155. Impeaching credit of witness.156. Questions tending to corroborate evidence 'of relevantfact, admissible. . .157. Former statements of witness may be proved to corro~borate later testimony as to same fact.158. What matters may be proved in connCt~tionwith proved'statement relevant undel' section 32 or 33.159. Refreshing memory.When witness may use copy of document to refi'eshmemory. '160. Testimony to facts. stated in document mentioned insection 159.161. Right of adverse p9Jl'tyas to writing used to refresh"me=morya162. Production of documents.Translationof documents. .163. Giving, as evidence, of document called for and producedon 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 assessorsto put questions. '\,t(;It\.CHAl)TER XL-OF IMPROPER ADMISSION AND REJECTION 01"EVIDENOE.167. No new triaJ for improper admission or I'ejection ofevidence.SCHEDuLE.-Enactmentsrepealed.'f1\"f.1'7--,t

. ,.. ..ACT No. I. OF1872Q---"""PASSED BY THE GOVERNOR GENERAL. OF INDIA IN COUNCn:..' "~'+ --,(Reaeived the assent of the Govm'nol' (}.e11,e1'aZ 011,the 15th.Ma1'aft 1872).The Indian Evidence Act, 1872.WHEREAS it is expedient to eo~solidater define PreamJA\k,and amend the Law of Evidence; It is herebyenacted as follows ~->"PART' I.RELEV ANOY OF FACTS...CHAPTER I.-PRELIMINARY. ..- 1. This Act may be called' "The Indi~n Eyidencc SllOrltitl0oAct, 1872:"It extends to the whole of British India, .and applies' Extent.to all judicial proceedings in or before any Gourt,including Courts Martial, but not to affidavits present..ed to any Court or Officer, nor to proceedings before.an arbitrator' ' ', ..'~dl..,'1'and it shall come into force on the tir$t day of Commence-,September 1872,: ". ,ment of A:J.2. On and from that day the following' laws shall Repealof>- be repealed:- . enactments.(1.) All rules of evidence not contained in anyStatute, Act or Regulation in force in any part ofBritish India:(2,) All such rules, la~s' and regulations as liaveacquired the force of law under the twenty-fifth sectionof 'The Indian Councils' Act, 1861,' in so far asthey relate to any matter herein provided for, and(3.) The enactments nlentioned in the schedulehereto, to the extent specified in the third COlUlllnofthe 'said schedule., But, {}.

EvidertCe.[ liY;:t'I.: r--'"But nothing herein contained shall be deeme(l to ,affect any provision of any Statute, Act or RegulatIon '.in force in any part of British India and not hereby ~expressly repealed., " .bon-clause. I,nterpreta- 3. In this Act the followin(Y words'and expressions 'b'are usee In e 0IIowIng senses, unIess a contrary ~ l., . intention appears from the context :~. "Court." "Court" includes all. Judges and Magistra~es and rrall persons, except arbItrators, legally authorIzedto,' ,take eviclence. . .U"Fact" means and includes-Fact."" HelevanL""Factsissue."in(1) any thing, state of things, or relation of things,capable of being perceived by the senses;(2) any nlental condition of which any person is.conSCIOUS., Illustrations.(a.) That there are certain objects arranged in a certnin orderin a certain place, is a tact.(?) That a man heard or saw something is a fact.(c.) That a man said certain words is a fact.(d.) That a man holds a certain opinion, has a cel'tain intention,acts in good faith, or fraudulently, or uses a lJarticular wordin a particuJar sense, or is or was at a specified time conscious ofa particular sensation, is a fact.'(e.) 'rhat a man has a certain l'eputatiOllis a fact.One ffJctis said to be relevant to another when theo.neis connected with the' o.ther in any of the waysreferred to. in the provisions o.f this' Act relating tothe relevancy of facts.'The expression" Facts in issue" means and includes~.any fact from which, either by itself 0.1'in conJ;lectionwith other facts, the existence, non-existence,nature, or extent of any right; liability, o.rdisability,asserted or denied in any suit 0.1'proceeding,-necessarilyfollows... .E:t']Jlanation.- Whenever, 'under the provisions ofthe law for the time being in force relating to. CivilProcedure, any Court records an issue of fact, the fact. -to be asserted 0.1'denied in the answer to such issue,is a fact in issue.'I !10I111t8i1'atio..n8~..

I. - ~---if "'.- I',,I .~ ir .\"'~ ,f'... -...1872.j BlJidettOe.1',1ll1tstratiO1ts.A is accused of the murder of B.At his trial the following facts m.aybe in issue :-That A caused B's death;That A intended to cause B's death;, ,That A had received grave and sudden provocation frOlilB;That A, at the time of doing the act which caused B's death,was, by reason of unsoundness of mind, incapable ofknowing its l1~ture. '.. "Document" means any matter expressed or de- "Document/'sa'ibed upon any substance by means of letters, figures, .or marks, or by more than one of thQse means, intendedto be used, or which may be ~sed, for thel)urpose of recording that matte.Illustration8.A writing is a document: , ''Vords printed, lithographed or photographed are docume,uts :.-,'\I,'\" ~}.dtJ:,.t.'A map or plan is a document: ,An inscription on a metal plate or stone is a document:A caricatu!'e is a document." Evidence" means and includes-, (1) . all stat81nents which the Court permits orrequires to be made before it by witnesses, in relation"6. Evidence:;.'to Inatters of fact under inquiry;such statements are called oral evidence:(2) all documents produced for the inspeci,ion ofthe Court; .such documents are called documentary evidence.,A fact is said to be proved when, after considering")- the matters before it, the Court either believes it toPl'Ovpd:'exist, or considers its existence so probable: that aprudent man ought, under the circumstances of theparticular case, to act upon the supposition that itexists.A fact is said to be disproved when, after consider- "Disproved."ing the matters before it, the Court either believesthat it does not exist, or considers its non-existence soprobable that a prudent man ought, under thecircumstances of ,the particular case, to act upon thesuPt)osition that it does not exist.. " A factJ1..

~'Evidence.,[ ACT I~(" Notproved:'" J\[ay pre- "SUllie." Shan pre." ..[.;Ulll?" COl1clusi\'eproof. "A fact is said not to be proved when it is neitherproved nor disproved. .4. Whenever it is provided by this Act that theCourt may presume a fact, it rnay either regard suchfact as proved, unless and until it is disproved, or 111aycall for proof of it :'Whenever it is directed by this Act that the Courtshall presume a fact, it 'shall regard such fact as i ,'~proved, unless and until it is disproved:When one fact is declared by this Act to be conclusiveproof of another, the Court shall, on proof ofthe one fact, re~'ard the other as proved, and shall notallow evidence to be given for the purpose of disprovingit. 11:CHAPTER II. --OFTHE RELEVANCYOF ]'ACTS.Evide~lcernay,5. Evidence may be given in any suit or proceedm~e ~{lVel~of inD' of the existence or non-existence of ever y factfacts 111Issue O. .afld wlevantin issue and of such other facts as are hereInafter detacts.clared to be relevant, and of no others.Explanation.-This section shall not enable anyperson to give evidence of a fact which he is' disentitledto prove by any provision of the law for t~letime being in force relating to C1\:1Procedure.lUttstration.(a.) A is tried for the mur(lp,. of B by beating' him with adub with the intention of causing his death.At A's trial the following facts are in issue-A's beating B with the club;A's causing B's death by such beating;A's intention to cause B's death.(b.) A suitor 'does not bring with him, and have in readinessfor production at the first hearing of the case, a bond onwhich he relies. 'rhis section does not enable him to producethe bond or prove its contents at a subsequent stage of theproceedings, otherwise than in accordance with t4e conditionsprescribed by the 'Code of Civil Procedure.Ttelcvancy of 6.~-'acts which, though not in issue, are so con-Ji.lclsformingnected with a fact in issue as to form part of the samepart of same .tTansaetion.transactIon, are relevant, yhether they occurred atthe saIne time and place or at different times andplaces.12, -l11ustratiO1z8.c- ,';-.. 1

--. ..187Z:-J Evidence,7'llttl18t'J'atiml8.~ .(a.) A is accused of the murder of B by beating him.Whatever was said, or.done by A or B or the by-standel's at thebeating, or so shortly before or after it as to form part of thetransaction, is a l;elevantfact.(0,) A isaccl1sedof waging war against the Queen by takingpart in an armed insurrection in which property is destroyed,troops are attacked, and gaols are broken open. The occurrenceof these facts is relevant, as forming part of the general trans-~. I" action, though A may not have been present at all of them.(c.) A sues B for a libel contained in a letter forming partof a correspondence. . Letters between the parties relating tothe subject out of which the libel arose, and forming part of thecorrespondence in which it is contained, .we relevant fact~,though they do not contain the libel itself.(d.) 'rhe question is, whether certain glods ordered from Bwere delivered to A. The goodswere delivered to several intermediatepersons successively. Each delivery is a relevant fact..d . t th7. Facts which are'the occasion, cause, or,effect, Factswhich.J!. .J!.f 1 t t. are occa-Imme Ia e or 0 erWlse, 0 re evan ~ac s, or l.acts III sion causeissue, or which constitute the state of things under or efr~ct .o(w'hich they ,happened, or ~hich afforded an opportunity factsniIss.!e.for their occurrence or transaction, are relevant. .Illustrations...I~,.\\..,I'T, ...}-,.(a.) The question is, whether A robbed B.The facts that, shol'tly bef91'ethe robbery, B went to a fairwith money in his possession, and that he showed it, or mentionedthe fact that he had it, to third persons, are relevant.(b.) The question is, whether A murdered B.J\1al'ks on the ground, produced by a struggle at or near theplace where the murder was committed, are relevant facts.(c.) The question is, whether A poisoned B.The state of B's health beforethe symptoms ascribed to poison,and habits of B, kno}Vnto A, which affordedan opportunity for.the administration of poison, are relevant facts.8. Any fact is relevant which shows or constitutes Motive,prea11l0tiveor preparation for any fact in issue or relevant pal'a~iOll and~ ~m~~fact...subsequentThe conduct of any party, or of any agent tQ any conduct.party, to any suit or proc~eding, in reference to such --.'suit or proceeding, or in reference to any fact in issuetherein or relevant thereto, and the conduct of anyperson an offence against WhO1l1is the subJect of anyproceeding,1 oJ'"

!t:r-- -,...E'v'idence..[ ACTiproceeding, is relevant, if such conduct influences oris influenced by any fact in issue or relevant fact, and,vhetL(;l' it ,vas previous or subsequent thereto.Bxpl(tnC6tio1~1.~The word" conduct" in this sectiondoes not include statements, unless those state-Jllents accompany and explain acts other than state-111ents;but this explanation is not to affect the relevancyof'statements under any other section of thisllct. .Explanation 2.-When the conduct of any rersonis relevant, any statement made to him or in his pre..sence and hearing, which affects such conduct,. is rele.vant. ..Illustrations.(a.) . A is tried for the murder of B.The faets that A murdered C, that B knew that A had mm'.dered C, and that B had tried to extort money from A by threateningto make his knowledge public, are relevant. .(v.) A sues B upon a bond for the payment of money. Bdenies 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.) .Ais tried for the murder of B by poison.The fact that, before the death of B, A procured poison simi- .1ar to that which was administered to B, is relevant.(d.) 'rhe question is, whetheI:.a certain document is the willof A.The facts that, not long beforethe date of the alleged will, Amade inquiry into matters to which the l)rovisions of thealleged will relate; that he consulted valdIs in reference tbmaking the will, ahd that he caused drafts of other wills to beprepared, of which he did not approve, are \'elevant~(e.) A.is accused of a crime.The facts that, either before, or at the time of, or after the'alleged crime, A provided evidencewhich would tend to give tothe facts of the case an appearance favourableto himself,or that. he destroyed 01' concealed evidence, or prevented the presenceor procured the absence of persons who might have been witnesses,or suborned persons to give false evidencerespecting it,are relevant. .(I) The questionis, whetherA robbedB. .'rhe facts that, after B was robbed, C said in A's presence-, the police are coming to look for the man who robbedB,' andthat immediately afterwards A l'an away, are relevant.(g.) 'nie flllcstionis) whether A owesB rupees 10)000. .The1L}-,'"(i ,;~\'- .#PJ'"

.1872.] Eviclelloe,'r'"' ">-1.-..The facts that' A asl{edC to lend him money, and that D saidto C in A's presence and hearing -' I advise you not to trust A,for he owes B 10,000 rupees,' and tllat A went away withoutmaking any answer,are relevantfacts. .,(n.) The question is, whether A committed a crime.The fact that A absconded after receiving a lett,er warninghim that inquiry was being made for the criminal, and the con~tents of the letter, are relevant.(i.) A is accusedof a crime.The facts that, after the commission of the alleged crime, heabsconded,or wasin possessionof property or the proceedsof propertyacquired by the crime, or attempted to concealthings whichwere or might have been used in committing it, are relevant.(j.) The question is, whether A was ravished.The facts that, shortly after th,e alleged rape, she made acomplaint relating to the crime,the circumstances under which,and the terms in which, the complaint was made, are relevant.The faet that, withc>utmaking a complaint, she saill that shehad been ravished is not relevant as conduct under this section,though it may be relevant' .aSRdying declarationunder section thirty-two, clause (one), oi'as corroborative evidenceunder section one hundred and ~ftyuseven. . .(.t.) The question is, whether A was robbed.The fact that, soon after the alleged'robbery, he made a complaintrelating 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 uuder this section, thoughit may be relevant'as a dying declaration under section thirty-two, clause (on~);'.01', as corroborative evidenceunder section one hundred and fifty- .seven.9. Facts necessary to explain or introduce a factin issue or relevant fact, or which support or rebutan inference suggested by a fact in issue or relevantfact, or 'which establish the identity of any thing orperson whose' identity is relevant, or fix the time 01'. place at which any fact in' issue or relevant fact, happened,or which show the rela~ion of "parties' ,.by' 'whom any such fact was transacted, are relevant inso far as they are necessary for that purpose.. .Ilbt8tJ'aNon8.. (a.) The question is, whether a given document iBt,hcwill of A,'rhol .>'~'......."Facts neee".sary to explain01'introduce relevantfacts.'"..

-----.-EvidenfJe...l AC'l'I..Thiug'ssaielor d()~I(~h.rconspirator inreference tocom mOlldesign.rrhc state of A's property and of his family at the date ofthe alleged will may be relevant facts.(b.) .A sues B for a libel imputing disgraceful conduct to A;B afHrmsthat the matter alleged to be libellousis true.The position and relations of the parties at the time vvhen thelibel was published may be relevant facts as introductory to thefacts in issue.The particulars of a dispute between A and,B about a matterun;;onnected with the alleged tibel are irrelevant, though the -\"'.fact that there was a dispute may be relevant if it affected therelations between A and B.(c.) A is accused of a crime.-The fact that, 'soon after the commission of the crime, Aabsconded from his house, is relevant, under section eight, asconduct subsequent to and affected by facts in issue.The fact that, at the time when he left home, he had suddenand 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 busiIiess on which he left are not relevant,except in so far as they are necessary to show that the businesswas sudden and urgent. -(d.) A sues B for inducing C to break a contract of servicemade 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.' Thisstatement is a relevant fact as explanatory of a's conduct, whichis l'elev~mtas a fact in issue.'(f) A is tried for a riot and is proved to have marched atthe head of a mob. The cries of the mob are relevant as ex~pbnatol'Y of the nature of the transaction. .10. Where there is reasonable ground to believethat two or n101'epersons have conspired together tOICO111111it an offence or an actionable wrong, any thing'said, done or written by anyone of' such personsin reference to their common intention, after thetiIne when such intention was first entertained byanyone of them, is a relevant fact as against eachof the persons believed to be so conspiring, as.wellfor the purpose of proving the existence of thoconspiracy as for the purpose of showing that anysuch person was a party to it.fA111udj'(di~JZ,./(e.) A, accusedof theft, is seen to give the stolen propertyto B, who is seen to give it to A's wife. B says, as hedelivers1t-' A says you are to hide this.' B's statementis relevant as explanatory of a fact which is part of the transaction.'"'-1'

~-Fads rele.vant whenright or eus."'"'-~om is in~.quesl:wll.Facts show-.' .mg exIstenceof state ofmind, or ofbody or bodilyfeeling.- - - --- .Evidence.[ ACTI13.of anyvanteCt.Where th~ question is as to the existenceright or custom, the following facts are rele-)A.ny transaction by which the right or customin question was created, claimed, modified, recognized,asserted or denied, or which was inconsistent with itsp-xistence :(b.) Particular instances. in which the right or .--eustomwas. claimed, recognized, or exercised, or inwhich its exercise was disputed, asserted or departedfronl.Illustration.The question is, whether A has a right to a fishery. A deedconferring the fishery on A's ancestors, a mortgage of the fisheryby A's father, a subsequent grant of the fishery by A's father,irreconcileable with the mortgage, particular instances in whichA's father 'exercised the right, or in which the exercise of theright was stopped by A's neighbours, are relevant facts.14. Facts showing the existence of any state ofmind-such as intention, knowledge, good faith, negligence,rashness, ill-will or good-will towards anyparticulal' person, or showing the existence of anystate of body or bodily feeling--are relevant, whenthe existence of any such state of mind or body orbodily feeling, is in issue or relevant.'Explctludion.-A fact relevant as showing the existenceof a relevant state of mind must show that itexists, not generally, but ~n reference to the partic111ar,ll1atter in question. .' '.>Illustl'atiO'll8.'Ii(a.) A is accused of receiving stolen goods knowing them tobe stolen. It is proved that he was in possession of a particularstolen article.The fact that, at the same time, he was in possession of manyother stolen articles is relevant, as tending to show that heknew each and aU of the articles of which he was in possessionto he stolen.(b.) A is aecused of fraudulently delivering to another persona piece of counterfeit coin which, at the time when he deliveredit) he knew to be counterfeit.The fact that~ at the time of its delivery, A was possessed ofa number of other piecesof counterfeitcoin)is relevant. ~(c)~ AIS"/,- I~~ ' I------------

1872.J Evidence.--,l'1.;. ../)..(c.) A sues B for. damage done by a dog of B's, whleh Bknew to be ferocious.. The facts 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 ofexchange, knew that the name of the payee was fictitious.The fact that A had. accepted other bills drawn in the samemanner before they could have been transmitted to him by thepayee if the payee had been a real person, is relevant, as showingthat A knew that the payee was a fictitious perBon,(e.) A is accused of defaming B by publishing an imputationintended to harm the reputation of B.The fact of previous publications by A respecting B, showingill-will on the part of A towards B, is relevant, as proving A'sintention to harm B's reputation by the particular publicationin question. . .The facts that there was no previous quarrel between A andB, and that A repeated the matter complained of as he heard it,are relevant, as showing that A did not intend to harm thereputation of B. .(f.) A is sued by B for fraudulently representing to B thatC was solvent, whereby B, being induced to trust 0, who wasinsolvent, sufferedloss.The fact that, at the time when A represented C to be solvent,C was supposed to be solvent by his neighbours and by personsdealing with him, is relevant, as showing that A made the representatio:"in good faith.(g.) A is sued by B for the price of work done by B, upon ahouse of which A is owner, by the order of C, a contractor.A's defenceis that B'scontract 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 themanagement of the work in question, so that C was in a p()sitionto contract with B on C's own account, and not as agentfor A.(h.) A is accused of the dishonest misappropriation of propertywhich he had found, and the question is whether, whenhe appropriated it, he believed in good faith that the real ownercould not be found.The fact that public notice of the loss of the property hadbeen given in the place where A was, is relevant, as showingthat A did not in good faith believe that the real owner of theproperty could not be found.The fact that A knew, or had reason to believe, that the noticewas given fraudulently by C, who had heard of the loss of theproperty and wished to set up a false claim .to i~)is relevant, a~,showingI:}~,.;

-. - - -1872.J Ev'ide?we.r'Yknew to be ferocious. ,The facts that the dog had previously bitten X, Y and Z, andthat they had made complaints to B, are relevant.(d.) The question is, whether A, the acceptor of 'a bill ofexchange, knew that the name of the payee was fictitious. .The fact that A had accepted other bills drawn in the samemanner before they could have been transmitted to him by thepayee if the payee had been a real person, is relevant, a~ show-'I ing that A knewthat the payeewasa fictitiousperson" .(e.) A is accused of defaming B by publishing an imputationinten~ed to harm the reputation of B.The fact of previous publications by A respecting B: showingill-will on the part of A towards B, is relevant, as proving A'sintention ~o harm B's reputation by the particular p~lblicationin question. . .':Phefacts that there was no previous qual'rel between A andB, and that A repeated the matter complained of as ~e heard it,are relevant, as showing that A did not intend to harm thereputation of B.(f.) A is sued by B for fraudulently representi~g to B thatC' was solvent, whereby B, being induced to trust C, who wasinsolvent, 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 personsdealing with him, is relevant, as showing that A made the representatio~in good faith. ,(g.) A is sued by B for the price of work done by B, upon ahouse of which A is owner, by the order of C, a contractor.A's defenceis that B'scontract 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. G', themanagement of the work in question, so that C was in a positionto contract with B on a's own account, and Qotas agentfor A. .(n.) A is accused of the dishonest misappropriation of propertywhich he had found, and the question is whether, whenhe appropriated it, he believed in good faith that the real ownercould not be found.\,~, /'.~The fact that public notic.e of the loss of the property hadbeen given in the place where A was, is relevant, as showingthat A did not in good faith believe that the real owner of theproperty could not be found. .The fact that A knew, or had reason to believe, that the noticewas given fraudulently by C, who had heard of the loss of theproperty and wished to set up a false claim to it) is relevant, asshowing-,I n ,.I..(c.)A sues B for damage done by a dog of D's, whieh Beo.,

_A'-..Evidence.r (LAC'l' IAdmi:5sion- 18. Statenlents made by a party to the proceedbyparty to in 0', or by .'an aO'ent to an y such Party whon1 theproceeduwor b ... b . ' .r -~...his agent~ Court regards, ullder the cIrcumstances of the case,.by suitor in.repl'esentative 0haractCl';as expresdy or impliedly authorized by him to makethem, are admissions.State1!lents ll1adeby parties to suits, suing or suedin a representative character, are not admissions, unlessthey were made while the. party making them heldthat character. .Staten1ents made bybytere::;tedIJl pal'~Y in- . (1) persons who have any proprietary or pecuniaryt t.th b . 'I>ubject.mat.In erest tt f thdd. In e su ~ec -m~ er ~ e procee lng, antel'; who lTIake the statement 111theIr character of persons. so interested, orby perso Ilfrolll whumill tel'cst de.riyctl.'.Admissionshy personswbose positionmust beproved asagainst partylo ::,uit.Admissions11.)' personsexpressly }Oeferret!to byparty to suit,(2) persons frOln whom the parties to the suithave derived their interest in the subject-matter ofthe suit,are admissions, if they are made during the CODtinuanceof the interest of the persons making thestatementE:.19. Statements made by persons whose positionor liability it is necessary to prove as against anyparty to the suit, are admissions, if such statements"wouldbe relevant as against such persons in relationto such .position or liability in a suit brought by oragainst them, and if they are made whilst the person'making theln occupies such position or is subject tosucl~liability. . .Illustration. , .A undei'takes to collect rents for B.B sue~ A for not collecting rent due from C to B. ' Itl:.A dcmes that rent was due from C to B. 'iV~J .A statcm,ent by C ~hat he oo,wedB ;'ent is an a~lmissiollJand isa relevant fact as agall1st A, If A demes that C dId owe rent to B. .20.. Statements made by persons to whom aparty to the suit has expressly referred for informationin reference to a matter in dispute are admissions.IUltstration.The question is, whether a horse sold by A to B is sound.A says 'to B-' Go and ask C, C knows all about it.' C'sstatemcnti:: an adllli~sioll.21. Adn1ission~2;~" .i~\ It..1i"

''- - -J~ .'- 1872.JE1)iden,ce.;,.-'-{f(1.) An admission may be proved by or on be-half of the person making it, when it is of such anature that, if the person making it were dead, it'would be relevant as between third persons 'undersection thirty-two.(2.) An admission may be proved by or on behalfof the person making it, when it consists of astatement of the existence of any state of mind orbody, relevant orin issue, made at or abou)ajthe timewhen such state of mind or body existed,an'd is accompaniedby conduct rendering its falseh,ood iniprobable.'.(3.) An admission may be proved by or on behalfof the person making it, if it is relevantthan as an admission.otherwise'l'21. Admissions are relevant and may be proved Proofof ad.as against the person who makes them, or hisrepre- 'mis~ion8sentative in interest; but they cannot be proved by ~~:;~1~:mak.or on behalf of the .persoT' who makes them or by ingthem,an,dh 't t . . . t tcases :- ' .t . th ~ ]1 . by or 011theIl'IS represen a Ive In In eres, excep In e 10. owIng behalf.\\.Evidence is given to show that the ship Was taken out of herproper course.IZlltst,'ations.(a.) The question between A and B is, whether a certaindeed is or is not forged. A affirms that it is genuine;B,that itis forged.A may prove a statement by B that the deed is genuine, and,:Bmay prove a statement by A that the deed is forgE;Jd;but Acannot prove a statement by himself that the deed is genuine,DOl'can B prove a statement by himself that the deed is forged. :(b.) A, , the Captain of a ship, is tried for casting, her away~A produces a book kept by him in the ordinary course of hisbusiness, showing observations alleged to have been taken byhim from day to day, and indicating that the ship was not takenout of her proper course. A may prove these statements,because they would be admissible between third parties, if hewere dead, under section thirty-two, clause (two).(c.) A is accused ora crime committed by him at Calcutta.He produces a letter written by himself and dated at Lahoreon that day, and bearing the Lahore post-mark of that 'day.The statement in the date of the letter is admissible, because,if A were dead, it would be admissible under section thirty-two,cl~use (two). .(rl.) A",oJ .J').....-..

- .'E'"~,------- Evidence. L ACYl'rWhen oraladmissions asto contentsof documentsare l'elcvant.~.Admissionsin civil cases,when relevant.(d.) A is accused of receiving stolen g'oodsknowing them tohe stolen. .,'He offers to prove that he refused to sell them below theirvalue.A may prove these statements, though they are~dmissions,?ecause they: 'are explanatory of conduct influenced by facts inIssue. . .(e.) A' is accused of fraudulently having in his ,possessioncounterfeit coin which he knew to be counterfeit.He offers to prove that he asked a skilful person to examine thecoin, as he doubted whether it was counterfeit or not, and thatthat person did examine it and told him it wasgenuine. "A may prove these facts for the reasons stated in the last precedingillustration.'22.. Oral admissions as to the contents of a do..cument are not relevant, unless and until the partyproposing to prove them shows that he is entitled togive secondary evidence of the contents of such do..CUlllent under the rules hereinafter contained, orunless the genuineness of a document produced is inquestion. ,23. In. civil cases no admission is relevant, if it ismade.eittH~rupon an express condition that evidenceof it is n9t to be given, or under circumstances fromwhich the' Court can infer that the parties agreed togetherthat evidence of it should not be given. .Expla1za'tion.-N othing in this section shalltaken to ,exempt any barrister, pleader, attorneybeor.' :vakil from giving evidence of any matter of whichhe may be compelled to give evidence under sectionone hundred and twenty-six. . .. ~Confession 24. A confession made by an accused person is ,'.cau~edb l irrelevant in a criminal Proceeding, if the makin g ofy 1ll

. . ":ingd htoi!. . ..Iv and otheJ's'tconSI era .,lon sue conieSSIon as agalns SUCH 0tl'. leI' jointly underperson as well as against the person who makes such tria'!f')rsameconfession.uJreuee,IUust'ratiOnlf.(a.) A and B are jointly tried for the murder of C. It isproved that A said,-' B and I ll1.nrdered C.' 'rIle Court mayconsider the effect of this confession as against B...~. ..f4- ~-----------------l 'i U'j,\.'.> "",..'

~'~~.-Admissionsnot conclusiveproof,but mayestop.Cases inwhich statementof relevantfact byperson who isdead or cannotbe found,&c" is relevant.vVhenit rel",testocauseof death;01'is made incourse ofbusiness;or ag-aillstinterest of14mkc.>l' ;'JU.1!Jt)l ,ence., .l AC'J' I(bi) A is on his trial for the murder of C. 'rhere is evidenceto show that C was murdered by A and B, and that' B said,-, A and 1 murdered C.' ,This statement may not be taken into consideration by theCourt against A, as B is not being jointly tried.'31. ,Admissions are not conclusive proof, of thematters ..admitted, but they may operate as estoppelsunder the provisions hereinafter contained. 'STATEMENTS BY PERSONS WHO CANNOT BE CALLED ASWITNESSES.'., 'I'>. ~j.1 j32. Statenlents, written or verbal, of relevantfacts made by a person who is dead, or who cannot befound, or who has become incapable of giving evidence,or whose attendance cannot be procured. without~-{9....an amount of delay or expense which, under thecircumstances of the case, appb~, ," to the Court unreasonable,are themselves relevant - "+'s in the following4, .cases :-"'~-,, ~. ,',(1.) When the statement is made by ap~>~"\Tl as'.to the cause of his death, or .as to any of th~ circ~;. it. .~tance,s of. the t~~ansaction which resulted in his t~da~,'" :':\.. .In cases In whiCh the. causecomes into question.of that person's ~

u~'" 1872. ] Evidence.----- .".".-.-when, if true, it would expose him or would :haveexposed him to a criminal prosecution or to a suit fordamages. ' :(4.) When the statement gives the opinion of' any OJ;gives opi.such person, . as to the existence of any public" "right mob ll l ,as}o htt tt f bI ' 1 . pu 10 ngt t f .or cus om or ma er 0 pu ICor genera In eres, 0 or custom, orthe existence of which, if it .existed, he would have matters.of,.-, been likely to be aware, and when such statement was feer:~~lInmadebefore any controversy as to such right, CtJstom 'or matter had arisen.(5.) When the statement relates to the exist,enceof any relationship between persons as to whos.e relationshipthe person making the statement hadspecial means of knowledge, and when the statementwas made before the question in dispute was raised.(6.) When the statement relates to the existenceof any relationship between persons deceased, and ismade in any will or deed relating to the affairs of thefamily to which any such deceased person belonged,or in any, family pedigree, or upon any tombstone,family portrait or other. thing on which such statementsare usually made, and when such stq,tementwas made before the question in dispute was raised.(7.) When the statement is contained in, any or in docu:deed; will or other document which relates to any mentrelat~ngh t t . . . d . t . ' thsue ransac Ion as IS mentlone In see Ion uteen, mentionedin 'clause (a). section.13,clause (a) ;(8.) When the statement wasmade bya numpel' or is madebyof persons, and expressed feelings or impressions. on severalperth. I h01'relates toexistence ofrelations.hi p ;01'is made inwill or deedrelating tofamily affairs;.;e to transactIOn. ... sons, and exell'part re evant to t e matter In question. pressesfeel.~'ings relevant....Illustrations.to matter inquestion>'... (a.) The question is, whether A was murdered by B ;orA dies of injuries received in a transaction in the course ofwhich she was ravished. The question is, whether she wasravished by B; orThe question is, whether A was killed by B under such cir-,cl1m~tances.that a suit would lie against B by A's widow.Statements made by A as to the cause of his or her death,referring respectively to the murder, the rape, and the actionablewrong , under consideration, are relevant facts.'(b,.) The' question is'as to the date of A's birth.. An27..-' -.oJ')'$~~i

~-.Evidence, i .\1.. ":' 1'I ".{)i.~'II, ~>cAn r:mLry in the diary of a deceased surgeon) l'egularly keptm 'the \ course of business,'stating that, on a given day, beattended A's mother and delivered her of a son, is a relevant fact.(c.) The question is, whether A was in Calcutta on a givenday.A statement in the diary of a deceased solicitor, regularlykept in the course of business, that, on a given day ,the solicitorattended A at a place mentioned, in Calcutta, for the purpose ofconferring ",ith him upon specified business, is a relevant fact.(d.) The question is, whether a ship sailed fr()m Bombayharbour 011a given day.',', .A letter written by a deceased member of a merchant's Drm,by which she was chartered, to their correspondents in Londonto whom the cargo was consigned, stating that the s}1ipsailed ona given day from Bombay harbour, is a relevant fact:(e.) .,The question is, whether. rent was paid to A forcertain land, .A letter from A's deceased agent to A, saying that he hadreceived the rent on A's account and held it at A's orders, is arelevant tact:(f.) The question is, wheth~r A and B were legally married.The statement of it deceased clergyman that he marriedthem under such circumstances that the celebration would be acrime, is relevant.''(g.) The question is, whether A, a person wh~ cannot befound, wrote a letter on a certain day. The fact that a letterwritten by him is dated on that day, is relevant. .(h.) The question is, what was the cause of tJ;1ewreck ofa ship.A protest made by the Captain, whose attendance cannot bepl'ocure~l, is a relevant. fact..'(i.) The question is, whether a given road is a publi~ way; .A statement by A, a deceased headman of the village, thatthe roa(lwas public, is a relevant fact.(}.) The question is, what was the price of grain on a certainday in a;pal'ticular market. A statement of the price, made bya deceased hanyarelevant fact.in the ordinary course of his business, is a(k.) The question is, whether A, who is dead, was the fatherof R.A statement by A that B was his son, is a relevant fact. .(t.) The question is, what was the date of the birth of A.A letter~rom A's deceased father to a friend, announcing Ul€birth Of'j'\.Oll a given clay, is a relevant fact. .(m.) The26 . ., ~,--,.- ""'",~~. ....;..::.Y'~

"-'187:2 J(~mar'f'ied..--- - - - - - - --1!::'vidr nee..) The qnestl0n is, whether, and when, ~1. and n wereAll entry in a. memorandum-book by C, th~ deceased fatherof B, of his daughter's marriage with A on a given date, is arelevant fact,(n,) A sues B for a libel expressed in a painted caricatureexposed in a shop window, The question is as to the similarityof the caricature and its libellous character, The remarks of a ""'"-,-- crowd of spectators on these points may be proved,33. Evidence given by a witness in a judicial Re]e~ancJ: ofproceeding, or before any person authorized by law Cd el'tam fik . . 1 t .c " , ence 01tl fe,YI-to ta e It, IS re evan lor 1e purpose 0 prOYIng, III proying, ina subsequent judicial . 'proceeding, or in a latel~; stage subsequ.p.nthd. ,.1 d.'th 1'-' proceeding'.of t e same Ju ICla procee lng, e trutl of the thetruthof. facts which it states, when the witness is dead'" or factsthereincannot be found,. or is incapable of giving evidence; stated.or is kept out of the ,vay by the adverse party, or ifhis presence cannot be obtained without an anloun tof delay or expense which, under the circumstancesof the case, the Court considers unreasonable,Provided- "that the proceeding was between the same partiesor their !~presentat.ives in interest;,t.hat the adverse party in the first proceeding hadthe right and opportunity to cross~exan'iine;that the questions in issue were su11stnntial1y' thesame in the first as in the second proceeding.Explanation.~A" crimjnal trial or inquiry shall .be deemed to be a proceeding between the prosecutorand the accused within the meaning of this section. "'--J.'-""/. . :> :"£~ ->1J:-.-."":_"";~'- ",--\ STATEMENTS M.o\.DEUNDER SPECIAL CIRCUMSTANCES.r '- 34, Entries in books of account, regularly i{ept Entriesjnin the course of business, are relevant whenever they books of RCf!. ,t tt t 1"h tl C t' . count whenre1er 0 a ma er III 0 W 110 1e ourhas t0 InqUll'C, relemnt. .but such statements shall not. alone be sufficientevidence to charge any person with liability. .. Ittustmtio1t.. A sues 13 for Rs, 1)000, and shows entl:ies in his account-hooksshowing B to be indebted to him to this amount, The entriesare relevant) but are not sufficient) without othcrcviderice, toprove. the debt,35. JinZD

---,R~le,,"ancy of 30, An enti'y in any public or other official book,entry in register, or record, stating a fact in issue or relevantpubl~c.record, fact and Inade by a Public servant in the discharO'ema,deIn per- , .' ," . ;:,formanceof of his officialduty, or by any other person in perduty.formance ofa duty specially enjoined by the law ofthe country in which such book, register, or recordis kept, is itself a relevant fact,Relevancyof 36,' Statements of facts in issue or relevant facts, --r""',statementsin ,made in published maps or charts generally offeredmaps charts f!bI ' 'and~lans. lor pu lC saIe, or In maps or pans 1 m,a, de un der tIleauthority of Government, as to' ma~ters usuallyrepresented or'stated in such maps, charts or plans,are themselves relevant facts.Relevancyof 37, When the Court has t'o form an opinion as to' '~~ai~m~:c\ of the existence, of any ,fact o~a publi~ n~ture, anypublicna,ture,statement of It, made In a recItal contaIned In any Acttcont~inedin Cel'tf11llActs of Parliament, or in any Act of the Governor Generalf I d ' ' c ' ''or llotifica- 0 n Ia III ounCI, 1 or 0f th e, Governors III CounCII.,ti?llS, of :M:adrasor Bombay, or of the' Lieuten~nt-Governor4'in Council of Bengal, or in a, notification of theGovernment appearing in the Gazette of India, orprinted paper purporting to be ,the London Gazettein the Ga"zette of any Local Government, or' in any- 4 / or ~he Govern1nent G.azette of any colony, or pos-~ u.-iiJ2 aJ Jt ReSSIonof the Queen, IS a relevant fact,' ,~9'fR~cf,:1ncy of 38. When the Court has to form an opinion as to, ",'";-;t.atBments, as to any law a law of any country, any statement of such law con.. itt ' d ' b 1 t ' ''containe~dalne 10 a, 00 \: purpor Ing t0 be prIn ted or pu bI IS ' he d.law-books, under the authority of the Goyernment of SUC~l:country and to contain any such law, and any reportof a ruling of the Courts of such country containe,d "in a hook purporting to be a report of such rulings,is relevant, " ,/(H O"\V MUCH OF, A STATEMENT IS TO :BE PROVED,'What evi. . 39, When, any stateillent of which evidence isdeuce to be O'iven forms Part of a IonO'er statement or of a congivenwhen b. , ' , , ;:, "statement versation or part of an Isolated document, or IS conformspartoftained in a document which forms part of a book, or 'a, conversa. of a cmil1ected series of letters or Papers' evidencetlOn, docu- ; , " , ,mont,book, shall b~' ,gIven of so much and no more of the stateorseries of ment cori:versation docun1Emt hook or series of letter~letters or " , "P;1'j1£1fb,30Jj)fiide Jlae" ,[ AC1' Jor" .!J T"'%.It.I'.~ '.I',~,..~~.~ .. ).' ",i~~. 1I. i,...,..-.--------

I~i)-A;-,,", ,--- --'--l 'k'1-jv I':". _I il -'.' l.!JtilCence01' papers as the Court considers necessary in thatparticular case to the full understanding of the natureand effect of the -statement, and of the circumstancesunder which it was made.JUDGMENTS OF COURTS OF JUSTICE, WHEN RELEVAN'r.40. The existence of any judgment, order or Previous-.- decree.which by law . prevents any Court fronl takiuO' judgmentsf 1 ld ' t . 1 . I t .{.' o relevant to -tI cognIzance 0 a SUIt or 10 Ing a rIa, IS a re evan lac bara second-when the question is whether such Court ought~ ~Q suit or trial.take cognizance of such suit, or to hold such trial. -41. A final judgment, order or decree of a com- Rele~ancyofpetent . Court, in . the exercise .. of probate, matrimonial, ~el d'~m tI 1 1 d ' t ' 1 . .{.' 1U bmen Sac mIra ty or lnso vency JurIs IC lon, w lICh coniers 'in probate,upon or takes away from - any person any legal ~c,' jmisdiccharacter,or .which declares any person to be entitled tlOn.to any such character, or to be entitled to any specificthing, not as against any specified person but absolutely,is relevant when the existence of any suchlegal character, or the title of any such person to anysuch thing, is relevant.Such judgnlent, order or decree is conclusive proofthat any legal character which it confers accruedat the tinle when such judgment, order or decree cameinto operation;that any legal character, to which it declares anysuch person to be entitled, accrued to that person atthe time when such judgment declares it to have'accrued to that person; .that any legal character which it takes away from:any such person ceased at the time from which s:uch->- judgm~nt declared that it had ceased or should cease;and that any thing to which it declares any personto be so entitled was the property of that person atthe tinle froIll which such judgment. declares that ithad been or should be his property,42, Judgments, orders or decrees other than those Relevancy- mentioned in section forty-one, are relevant if they ~ndeffectofrelate to matters of a public nature relevant to the ~~~~~l~~tS, /"enquiry; but such judgments, orders or decrees are not decrees, otherconclusive l)roof of that 1vhich thev state. thall,those,ol wcntlOued III.. , Itlilst/'at-ioll. ;,ection41.:11- :J.'-p-~ ,,Ī

-"J uc"4;l11ents,&c" litllertlmH thosemoil tiolled insection::;40-42, wheurelevant.c)'£",1' ni " t:,'( I .~,,( }' , -t ~ < ~ " ,'-,," r- JL ACT' ;Iltltst1'ation, .A sues 13for trespass 011his land. B alleges the existence "Ofa public right of way over the land,wliich A denies, '1'1"hexistence of a decree in favour of the defendant, in a::il1itby A against 0 for a trespass on the same land, 1n whichC alleged the existence of the same right of way, is relevant,but it is not conclusive proof that the right of way exists.43. Judgments, orders,or decrees, other than thoseInentioned in sections forty, forty-one and forty-tlv0, .;areirrelevant, unless the existence of such !judgnle~t, l,.order or decree, is a fact in issue, or is relevant under801110other provision of this Act. !Ilt1t8t'l'ation8.~\ "J-"tI":(a.) A ~LlldB separately sue 0 for n libel which reflects UPO;ieach' of them. 'C in each case says, that the mattEt; alleged'to be libellous is true, and the circumstances are SUC':lthat itis probably true in each case, 01'in neither.A, obtains a decree against 0 for damages on the grou'nd thatC failed to make out his justification. The fact is irrelevant asbetween Band C.(b.) A prosecutes B for adultery with C) A's wife.13 denies that C is A's wife, but the Court convicts B ofadultery.'Afterwards, C is prosecuted for bigamy ill marrying ~ during'A's lifetime. C says that she never was A's wife.1'he judgment against B is irrelevant us against C.(c.) A prosecutes B for stealing a cow from him. B isconvicted.A, afterwards, sues C for the cow, which B had fold to himLelore his conviction. As between A and 0, the judgment'no'a,just ;:, B is irrelevant. .,(fl.) A- has obtained a decree for the possession of land-':--- ,against B. 0, B's son) murders A in conseclueJwe.The existence of the judgment is relevant, as showing motivefor a crime. ,",..-: 'Fraud 01'collusil)JIill lib.hlining jnclg.ment, 01'incompetencyof Court., maybe ])1'o\'ed.44. A,n~Tparty toa suit or other proceeding maysh6w that any judgnlent, order or decree which isrelevant under section forty, forty.one or forty-two,11nd'which has been proved by the adverse, party, wasdelivered by a Court not colllpetent to

--- , --.-- ---1872.]Bviden(}(J'.- ,-.,...OPINIONS: OF THIRD PERSONS, WHEN RELEV ANT~45. When the Court has to form an opinion upon Opillions c£',a point of foreign law,. or of science or art, or as to expertsidentity of hand~'iting, t~e opi;1ionsupon t~at point~" ~J,l€of. persons specIally skilled ill such forell?,n law, J--~ ~ ~-SCIenceor art, are relevant facts. .Such persons are called experts,..' :E Itr~./:3(t)JUzes b'at £(j'iu:,~,\/",(a.) The questi0'nis, whethel~the death of A was caused bypOlson. .The opinions of experts as to-the- symptoms produced hy thepoison by which A is supposed to h9.ve died, are relevant. ',' ,(b.) The question is, whether- A, at the time of doing acertain act, was, by reason of unsoundness of mind, incapableof knowing the nature of the act, or that he was doing whatwas either wro~g or contrary ,to law. .The opinions of experts upon the question whether the symp- -toms exhibited by A commonly show unsoundness of mind,and whether such unsoundness.of mind usually renders personsincapable of knowing the nature of the acts which they do, orof knowing that what they do is either wrong or contrary tolaw, are relevant.'(c.) The question is, whether a certain document, was writeten by A. Another document is produced which is proved oradmitted to have been written by A.The opinions of experts on the question whether the twodocuments were written by the same person or by different,persons, are relevant..46. Facts, not otherwise relevant, are relevantif they support or are inconsistent with the opi,niQusof experts, when such opi:nions8xe relevant.'.Illustrations. ..Facts bearingupon opinionsof experts..

. Opinion as~. - to handwriting,whenrelevant.Evidence,\ .. [ ACT I'"4 7~ .' 'Vhon the Court has to fornl an opinion asto the person Qy whom any document was writtenor signed,.the opinion of any person acquainted withthe handwriting of the person by 'whom it is sup:-posed to be written or signed that it was or was not'written -or signed by that person, is a relevantfact. ..\. -- .-./BxplanaUon.-A person is said to be acquainted '.'with the handwriting of another person, vvhen hebas' se,on that person write, or when' he has receiveddocuments purporting to be written by thatperson in answer to documents written by himself ~or under his authority and addressed to that person,or when, in the ordinary course of business, documents,purporting to be written by that person havebeen habitually submitted to him.-.Of'miODas toe:,;j"lence ofright or eaGtom,whenrelevant.Illustration.The question is) whether a given letter is in the handwriting'of A) a merchant in London. .B is a'merchant in Calcutta,) who has written letters addressedto A andl'eceived letters purporting to, be written by him. Cis B)s clerk, whose duty it was to examine and file B)s correspondence.D is B)s broker) to whom B habitualIy submittedthe letters purporting to be written by A for the purpose of'advising.\vith him thereon.The °I)inions of B) C and D on theqnestioll whether the leH.cl'it; in the handwriting of A arc relevant) though neithc'r B, C1101'D evu saw A write. "4.8. vVhen the Court has to f'ornl an opinion as to .the existence of any general custonl or right, theopinions, as to the existence of such custonlor right, j,of' persons ,vho would be likely to know of its existenceif 'it existed, are relevant.Explanation.-The expression' general custom orright' includes customs or right~ common to any considerableclass of persons.Illustration.I ...' ...!; , . ~-"- ..The righ £ of the villagers of a particular village to use thewater of. it p~trticuhtl'well is a gencmlright within the meaningof lhi~ tiedion.' .

'--,-. ,.1~72.J49.to---l!)tjldenae."'Vhen the Court has to forDl an opinion a~ OpinimlR:1$. to usages.the usages and tenets of any bQdy of U1cn or fanlily,the constitution and govcrnnlcnt of any religiousor charitable foundation, or. .the meaning of ,vords or terlns .used in particulardistricts or by particular classes of people,the opinions of persons having special n1eans ofknowledge thereon, are relevant facts.50. vVhen the Court has to form an opinion as tothe relationship of' one person to another, the opinion,expressed by conduct, as to the existence of,.such 1'0-IfLtionship,of any person who, as a Inemberof thefamily or otherwise, has ~p.eci~lmeans of knowledgeon the subject, is a relevant fact: Provided that suchopinion shall not be sufficient to prove a marriage inproceeai~gs under the Indian Divorce Act, or in pro-!S~l~utionsunder seqtion four hundred and ninety-four,four hundred and ninety -five, four hundred andninety-seven or four hundred and ninety-eight of theIndian Penal Code.Illustrations.tenets,L &,;.,when rel.ee"!lnt.Opinion onrelationshi p,when rele-\'ant." ,-~ji,I!j!\.r-.(a.) The question is, whether A and B were ma.l'ried.The fact that they were usually received and treated. by theirfriends as husband and wife, is relevant.(lJ.) The question is, whether A was the legitimate Ron of R.The fact that A was always treated as such by members of thefamily, is relevant. .51. Whenever the opinion of any.living,pel>sonis relevant, the grounds on which such opinion isbased are also relevant. .lll'ltst1'ation.An expert may give an account of experimentshim for the purpose of forming his opinion.})6rformed byGrounds ofopinion, wbellrelevi1n1.tIi.g~f~1 Bi;.~cCHARACTER WHEN RELEVANT.52. In civil cases, "'the fact that, the character of In civilcasrsany . person concerned is such as to render probable or cl~al~acter tob 11 d t . d t h . .,. plo~e con-1mpro a) e any con uc Impute 0 1m, IS lrre 1evan tJ, ductimputed,except in so far 'as such character appears fraI1l facts irrelevant.otherwise relevant. , ..53. In.'j ~oJ;),I

.Ez;idoncc.l ~{c'ftIn c1~iminalcases, preYI'~ousgoodcharacter relevant.53. In cl'iminal -proceedings, the fact th~t the.person accused is of a good character, is relevant.. .I.h ~ h th o'In criminal 54. In CrImIna proceedIngs, t e ~act t at eproc:edingsaccused person has been pl'eviou$ly convicted of anypreVl.0U.Soffence convlCbon isI'elevant . ; but the fact that he has a bad..-.h1 I d h b.relevant,b1.1tC ara~ter ISIrre avant, un ess eVl ence as een gIven.b no d t a chPl'eviousthat aractel',he has ,a good character,. in which case it becomes. ..'..~,exceptin re- re1evan t. . .' ' .ply. Explancttion.-This section does not apply to casesin which the bad character of any person is itself afact in issue.Characteras 55. In civil cases, the fact that the ~haracter ofaffecting any person is such as to affect the amount 6f damagesdamages.which he ought to receive, is relevant. .. .E:tplanation.-In sections fifty-two, fifty~' '~,fifty-four and fifty.five, the word' character' iT, . Aes'both reI}utation and disposition; but evidel . maybe given only of general reputation and general disposition,and not of particular acts by which reputa- .tion or disposition were shown.''l'CIIAP.TER IlL-FACTSPART U.ON PROOF.WHICH NEED NOT BE PROVED.Factjudici- 56. No fact of which the Court will take judicialany able notice. need not notice need be proved. .',be proved. .Facts of 57. The Court shall take judicial notice of thewhichCourt following facts :- .mu~~ke .judicial (1.) All laws or rules havIng the force of law ~ownotice. or heretofol'ein force, or hereafter to be in forcc,Jinany part of.British India: . .(2.) All public Acts. passed or hereafter to bepassed by Parliament, and all local and personalActs directed by Parliament to be judicially noticed:(3.) Articles of War for Her Majesty's Arn~y orNavy: . .(4.) The. course of proceeding of Parliament andof the Councils for the purposes of making I.Jaws'andRegulations.. " .~CI\-.~....

GIf372. J8,Evidence.R.egulations established under the InQ.ian Councils.A.ct,or any other law for the time -;being relatingthereto: .Explanation.-The word' Parliament,' in clauses(two) and (four), includes- "~. ~rhe Parliament of the Unitedd I{ingdom ofGl~eatBritain and Ireland; , -'2. The Parliament of Great Brita,in ;" >---iI,.:p. The Parliament of England;4."The Parliament of Scotland, and,,',5. The Parliament of Ireland: ,::; ,"(5.) The accession and the sign'manual of theSovereign for the time being of the United Kingdonlof Great 13ritain and Ireland:/,~-(6.) All seals of which English;; Courts takejudicial notice: the seals of all the C°l]:,rts of BritishIndia, and of all Courts out of British' India, establishedby the authority of the Governor General orany Local Government in Council: the seals ofCourts of Admiralty and Maritime Jurisdiction andof Notaries Public, and all seals which any personis authorized to use by any Act of-Parliament orother Act or Regulation having the force of law inBl'itish India:'(7.) The accession to office, names, titles" functions,and signatures of the persons filling for thetime being any public office in any part of BritishIndia, if the fact of their appointment to stic,h officeis notified in the Gazette of India, or in the QfficialGazette of any Local Government:(8.) The existence, title, and national flag of evaryState or Sovereign recognized by the British Crown:, (9.) The divisions of time, the geographical divi.sions of the world, and public festivals, fasts and'holidays notified in,the official Gazette: .(10.) 'rhe territories under the dominion of theBritish Crown: ., ,(11:) -The commencement, continuance, and terminationof hrstilities between the :British Crown andany other StJte or body of persons:8(12.) The. 37

~.Evidence,LAcrr"I\ \(12.) The naI11esof the melllbers and officers of41the Court, and of their deputies aneJ. su'bordinateofficers arid assistants, and ahv of all officers actingin execution of its process,. and of all advocates,attornies, proctors, vakils, pieaders and other personsauthorized by law to appear-or act before it:(13.) The rule of the road. .In aU these cases, and also on all matters of publichistory, literature, science or art, the Court may""resort for its aid to appropriate books or documentsof reference.If the Court is called upon by any person to take ,judicial. :I!°tice of any fact, it 111ayrefuse to do so,unless and until such person produces any such book ..or doculllent as it nlay consider necessary to enableit to do so.58. No fact neecl be proved in any proceedingwhich the parties thereto or their agents agree toadnlit atthe hearing, or which, before the hearing,they ag]~eeto adlnit by any 'writing under their hands,or which by any rule of pleading in force at the tinlCthey are deemed to have adl11ittedby their pleadings:Provided that the Court may, in its discretion, requirethe facts adnlitted to be proved otherwise than bysuch adn1issions.CHAPTERIV.-OF ORALEVIDENCE.J?roofof 59. All facts, except the contents of documents;Xa~tsbyevIdence.oml 11lay be proved by oral evidence...Oral evidence 60. Oral evidence must, in all cases, whatev~r,trl:ust he be direct; That is to say- .chl'cct.If it. refers to a fact which could be seen; it mustbe theeviclence of a 'witness vvhosays he saw it ;~,If itrefers to a fact which could be heard, it mustbe the evidence of a witness who says he heard.it ;If it re,fers to a fact which could be perc~ived byany other sense or in any other manner, it must bethe evidence of a witness who says he perceived it bythat sense or in that l11anner;. If it refers to an opinion or to the grounds on\vhichthat opinion is held, it must be the evidenceof33,r1:-Fitd8 admittedneed notbe pl'ovccl.."*-.-~iI~~

the't(>, -1872.] Evidence.""of > person ,vho holds that opinion on thosegrounds;:Provided that the opinions of experts exp~essec1irfany treatise commonly offered for sale, and' thegrounds' on which such opinions are held, may beproved by the production of such treatises if theauthor is dead or cannot be found, or has beconloincapable of giving evidence, or cannot he calleelas a witnAss without an amount of delay or ex..pense whie.1 the Court regards as unreasOJJable:Provided also that, if oral evidence refers to theexistence or condition of any material thing otherthan a dOCU111ent, the >Court may, if i~aipks fit,require the ,production of such material thing for itsinspection.CHAPTER V.-OF DOCUMENTARYEVIDE~CE.,61. The contents of documents rnay beprovcc1 Proofor con~oi dOCh"or bv secondary evidence. tents,,elments.either h y Primary ~>62. Prhllary evidence means the document itself Primary8"'11-l)roduced for the inspection of the Court.donee.Bxplctnation I.-Where a document is executed inseveral parts, each part is prin1ary evidence' of thqdocument:Where a dOCU1TIent is executed in counterpart, eachcounterpart being executed by one or sorne of ~hcparties only, each counterpart is primary evidence .,asagainst the parties executing it.Explanation 2.-Where a number of documents>-- arc all made by one uniform process, as in the case\ of printing, lithography, or photography, each is primaryevidence of the contents of the rest; but vvherethey are all copies of a COlllmon original, they arenot primary evidence of the contents of the original.]ZZ~t8tratio7Z.A person is shown to have been in possession of a number of; 'placards, all pl~illtedat one time from one original. AllY on0of the placards is primary evidence of the contents of any othcr,hut no one of them is primary evidence of the contents of theol'igirlal.63. Secondary:;~JttI

"t', S~condarycv~dence.Proof ofdocumentsbyprimaryevidence.Cases inwhichsecondaryevi.dence relat.ing-todocumentsmay begiven.E'vide1tae..63. Secondary evidence means ~nd includes-...l AC~ 1,(1.) Certified copie~ given "ander the provisionshereinafter contained;(2.) Copies made from the original by mechani.cal processes which in themselves insure the accuracyof the copy, and copies compared )vith suchcopies; .(3.) Copies made from or compared with the ori.ginal ;(4.) Counterparts of documents as against theparties who did not execute them;(5.) Oral accounts of the contents of a documentgiven by some person who has himself seen it.Illustrations.(a.) A photograph of an original is secondary evidence ofits contents, though the two have not been compared, if it isproved that the thing photographed was the original. >(b.) A copy compared with a copy of a letter made bya copying machine is secondary evidence of the contents ofthe letter, if it is shown that the copy made by the copyingmacbiue was made from the original.(c.) ,A copy transcribed from a copy, but afterwards comparedwith the original, is secondary evidence; but the copy not so. compartd is not secondary evidence of the original, althoughthe. copy from which it was transcribed was compared with theoriginal.(d.) Neither an oral account of a copy compared with theOl.jgin~l, nor an oral account of a photograph or machine-copyof the original, is secondary evidence of the original.64. Documents must be proved by primary evidenceexcept in the cases hereinafter mentioned.~.,-' -....65. Secondary evidence may be given of the exist-.ence,) condition, or contents of a dOCUluent in thefollowing cases :-(a.) vVhen the original is shown or appears to bein the possessionor powerof the person against whom the document issought to be proved, orof any person out of reach of, or not suhjept to,the process of the Court, or .,,10.01'. ...

~--- ,. ,,')..1872. J .E'vidence.of any person legally bound to prod nee it,and when, after the notice mentioned in sectionsixty-six, such person does not produce it;(h.) When the existence, condition or contents oJthe original have been proved to be admitted, in writeiug by the person against whom it is 'proved 91'by hisrepresentative in interest;(0.) 'When the original has been destroyed orlost, or when the party offering evic1enc~'ot its con~tents cannGt, for any other reason not arising from hiRown default or neglect, produce it in reason.able tiule ;(d.) When the original is of such a nature as notto be easily moveable;(e.) When the original is a public document with..in the'meaning of section seventy-four ;:"'"(f.) When the' original is a document of whicha certified copy is permitted by this Act, or by anyother .law in force in British India, to be.:given inevidence;(g.) When the originals consist of numerous ae~counts or other' documents which cannot convc~lliently be examined in Court, and the tact to beproved is the general result of the whole c

',[ pf 1908.i.Et,idence,..[ ACT Ithe Court considers reasonable under the circum-'stances of the case:Provided that such notice shall not be required inorder to render secondary evidence admissible in anyof the following cases, or in any, other case in whichthe Colutthinks' fit to dispense with it :-(1.) When the document to be proved is itself anotice; - " ,(2,) When, n . Jhe nature of the case, the adverseparty n;lust . ..J.owthat he will be required toproduce it!~. ,(3.) When it appears or is proved ,that the adversepaI'tj7 has obtained possession of the original byfraud or force; ,(4.) When the adverse party or his agent has theoriginal in Court;,, '(5.) When the adverse PI i, or his agent hasadmi tted the loss of the doc' ,; 11.(6.) When the perso~ in possession of the documentis out of reach of, or not subject to, the process,of the CQurt.~roofof 67. If a document is affeged to be signed or toslguatll:'e.handWl'ltllW'andhave been written wholly or in Part by an y P erson,of porson ~ the signattll'e or the handwritinr of so much of theallege~to ,havo signed document ' as is alleO'ed to be in that person's hand-t ' "" o 't b d t b h ' ' 'h d t01'written Wrl lUg mus,. e prove 0 e In IS an wrI lng, 'documentproduced.'Proof of exe. 68. If a document is required by law to be at-0utionof tested, it, shall not be used as evidence' until oneuocmnolltre. ,..' , , .cquiredby attestIng wItness at least has been called ~or the PUi'-lawtobe pose of p):1Qvingits execution, if there be an attestinghtt~~~d. ~, witness alive, and subject to the process of the Court., , ~.and able'v.ng evidence. l "dof~~.,111'( , ' ~ . ,. . . . .. .... . ~ 'c:-..t::1.."..,.,..~,v ,1)1'001'where 6. f no suc attesting- w:it.nA~~ (}q1i ~o .r",..~..J'~j " .' 2: To section 68 of the Indian Evidence Act, 1872, the"I-.. following proviso shall be added, namely:-" Provided; that it shall not b~ necessary ~to call an attestinO'witness in proof of the executIon of any, docum~ntnot being a will, which has been reglste:edin a~eordance with the provisions of t~e IndIanRegistration Act, 1908, unless its executlOn by theO1;,.h m lt Purnort-;5 to have been execut iperson:vy W 0 - t ,~is specifically denied."."I-(.

'.1872.]. Evidence.,J70. . The admission of a party to an attested doeu- Admis.sion oft f . t t . b h . 'If h 11 b ffi . texecutIOn bymen 0 1.S execu l~n . y I~Se ~ a e sUo Clen partyto at~proof of Its executIon as agaInst hIm, though It' be a, tester!docudocumentrequired by law to be attested. ; mem,.71. If the attesting witness denies or does not Proof.when.II t th t . .reeo eo e execu Ion 0f the doeumen, t 1 t s exeeu t Ion . att-estinc'Wlt~nessde~iesmay bel proved by other evidence. theexecution,-- 72. An attested document not requh~ed by la"\v Proof of dotobe attested may be proved as if it was unattested. ~~~i~:tb~, . ~to~~.tested.'13. In order to ascertain whether a" 'signature, Co~parisonwriting, or seal is that of the person by whom it pur- ~'i~~~~a~~e,ports to have been written or made, any signature, sealwfih.,vritine:, or seal admitted or Proved to the satisfaction o t t d hers admlt.\,;Je or proved of the Court to have. been wri~ten or made by that' ,person may be compared with the one whieh is to beproved, although that' signature, writing, or seal hasnot been produced or proved for any other purpose..,'The Court may direct any person presen'G in' Courtto write any words or figures for the' purpose ofenabling the Court to compare. the words or figuresso written with any words or figures alleged to have'"been written by such person. a~'LA-tt#- ~Y:if/!lf~J. 56.)PUBLIC DOCUMENTS.''14. The following documents are public' doeu,. Publicdocu.ments:- ,1. Documents forming the acts, or records" of the~~- . ,(i) of the sovereign authority,(ii) of officialbodies and tribunals, and(ili) of public officers, legislative, judicial and l '.ecutive, whether of British India, or of any othe.part of Her Majesty's dominions, or of a foreigncountry.2. Public records kept in British India of privatedocunaents. .' ~ents-75. All other documents are private. ments. P;';v~tedOCll-'16~Every public officer having the 'custody of a ~ertifi:dco-.Pubiic document which any Person has a riO'ht to pIeSot publIc- . ., , '=' documents.. . ' inspcet: '.. . 4;~

Evidence. ......'[ACT Iinspect, shall give that person on demand -a copy Ifit on payment of the legal fees therefor,' together witha certificate written. at the foot of such copy that itis a true copy of such document or part thereof~ as thecase may be, and such certificate shall be dated andsubscribed by such office~with his name and his om..cial title, and shall be sealed, whenever such officer isauthorized by law to make. use of a seal; and suchcopies so certified shall be called certified copies.Explanation.-Any officer who, by the ordinarycourse of . o~~icialduty, is auth~rized to deliver suchcopies, shall be deemed to have the custody of suchdocument~ within the meaning of this section.Proofof 77. Such certified copies may be produced inqocumc~tsby proof of the contents of the public documents orproductIOn off th bl . d f h . (Jertified I)arts 0 . h h, e pu lC ocuments 0 W lC t eypurport.' copies. to be copies. 'P"oofofother 78. The following public documents may beoHicialdOCUDproved mcnts.as follows :-(1.). Acts, orders or notifications of the ExecutiveGovernment of British India in any of its departaments, or of any Local Government or anydepartament of any Local Government,by the r~Qordsof the departments, certified. by theheads of t~~se departments respectively, . ,or by any document purporting to be printed byorder of any such GoverD;ment: " .(2.), T~e proceedings of the Legislatures,by thejournals of those bodies respectively, or by .published 'Acts or abstracts, or by copies purportingto be printed by order of Government:(3.) Proclamations, orders or regulations issuedby Her Majesty or by the Privy Council, or by anydepartment of Her Majesty's Government,by copi~s or extracts contained in the L,ondo'nGazelle, . or purporting to be printed by the Queen'sPrinter: .,(4.) 'l'be acts of the Executive or the proceeding~'of the legislature of a foreign count.ry~ .h~4.1'J

.,- ~1872~J Evidence.by journalspublisbed by their authority, or comdn10nly received in that country as such, Ol~by a copycertified under the seal' of the country or sovereign,or by a recognition thereof in some public Act of theGovernor General of India in Council :(5.) The proceedings of a municipal body in. . British India, . .bya copy of such proceedings, certified by thelegal keeper thereof, or by a printed book: purportingto be published by the authority of such body :(6.) Public documents of any other "class in t]Jforeign country, "by the original, or by a copy certified by. the legalkeeper thereof, with a certificate under the sealof a Notary Public, or of a British Consul ,or diplomaticagent, that the copy is duly certified by theofficer having the legal custody of the original, andupon proof of the character of the document accord.ing to the law of the foreign country.PRESUMPTIONS AS TO DOCUMENTS,79. .The Court s~all presu~e ever:v. document, Pl'cst,ml'l1onpurportIng to be a certIficate, certIfied COp~T,or other astoge~lninedocument, which is by law declaredto be admissibleas ~'fi"Sdof J:erevidence of any particular fact, and whieh purports 1 e cople:;,to be dul~r certified by any officer in British India,or by any officer in any Native State in alliance withlIer Majesty, who is duly authorized thereto by thoGovernor General in Council, to be genuine:. Providedthat such document is substantially in the form, and purports to be executed in the manner directedby law in that behalf. . .The Court shall also presume that anJ" officer bywhom any such document purports to be signed orcertified held, when he signed it, the official characterwhich he c]aims in such paper. .80. Whenever any. document is produced be- P1CsumptlO~fore any Court, purporting ' to be a'record or memo-. as to doell.'"J'd f tl d fmoDts proranurn 0 1e eVl- ence, or 0 any pal tJ0 f.:- tb.to evIC 1once, duced as. given by a witness in a judicial proceeding or before rec!ordnfany~- Qffieer authorized . by law to take such evidence, evIdence. "; .or4;)

Evidence.r ACTIor to he a statement or confession by any prisoner oraccused person, taken, in accordance with law, andpurporting to be signed by any Judge or Magistrate,or by any such officer as aforesaid, the Court shallpresumethatthe document is genuine; that any, statementsas to the circumstances under which' it wastaken, purporting to be made by the person signing --,-it, are. true, and that such evidence, statement orconfession was duly taken.as Presumption to Gazettes, 81. The Court shall presume the O'enuinenessofd t t . t b th L t) neW8papers,every ocumen purpor Ing 0 e e Ort don Gazette,p~'ivat,e, Acts or the Gazette of I rtdia, or .the Government Gazette~~X~'~h:~ent of any Local Government, or of any colony, dependdocuments-elleyor possession of the British Crown, or to be anewspaper or journal, or to be a copy of a privateAct of Parliament printed by the Queen's Printer,and of every document purporting to be a documentdirected by any law to ~e kept by any person, if suchdocument is kept substantially in the form requiredby law and is produced fror nt'oper custody.aPresumption 82. When any document is produced before any(l\t:~l C lm en.ṫ Court, purporting . to be a document which, by the lawh b .. admissiblein In force for; t I d I. e tIme mng In Eng an or. reland,wIthout, l~}!lgland,wouldproof be :admissible in proof of anr particula...: . in any tl,.Presnmphollas to mapsor plans madeby authorityof Govci'nment.C t f . t - . E 1 d I I dof seal or our 0 JUS Ice In ng an . or re ~n , WI lOUt prUU;Lbignaturc, of the sea .lor stam. p or siO'nature I:) authenticatinO' 0 it ,or of the ,judicial or official character claimed bythe person by whom it purports to be signed,tt :"Court shall presume that such seal, stamp or signatureis genuine, and that the person signing it held"at the til)),cwhen he signed it, the judicial or official.('characterw hich he claims, ,and the' docurnent shall be admissible for th@same purpose for\ which it would be admissible in ,Englantt oi~Ireland.83. The Court shall presume that mal)s orplans purporting to be made by the authority ofGovernn1ent were so made, and are accurate; butlliaps or plans made for the purposes of any cause mustbe proved to be accurate. ,.84. The ..In

II1872.]L1 'J.!LV'l d-,ence .

1!}oidence.l ACfl' f-rresumptionas to dOCllmellt8Ulirtyyears old90, 'Vhere any document, purporting or proved tobe thirty years old, is produced from any custody whichthe Court in the particular case considers proper, theCourt may presume that the signature and every other11artof such document, which purports to be in the handwritingof any particular person, is in that person's hand-.writing, and, in the case of a documen~ executed 01'attested, .that it was duly executed and attested bythe persons by whom it purports to be executed and ,,-attested.'Explanation.-Documents are said to be in propercustody if they are in the place in which, and underthe Qa,reof the person with whom, they would natul'-all~,be; but no custody is improper if it is }>'0ved.to ha-;rehad a legitimate origin, or if the circumstancesof the particular case are such as to render such an "origin probable.'"l'his explanation applies also to section eighty-o~e.Illustrations.Evidence ofterms ofcon tracts,gr:tlits [Lndother dispositiousof propertyreducedto form ofJocument.(a.) A has been in possession of landed property for a long' ,tir)1e. He produces from his custody deeds relating to the landshowing his titles to it. The custody is proper.(6.) A produces deeds relaiing to landed property of whichhe is the mortgagee. The mortgagor is in possession. Thecustody is propel'.(0.) J.\., a connection of B, produces deeds relating to landsin B's possession, which were deposited with him by B forsafe custody. The custody is proper.CHAPT:ER VI.-OF THE EXCLUSIOK OF ORAL BYDOCUMENTARY EVIDENCE.91. When the terms of a contract, or of a grant,or of :1ny other disposition of property, have beenreduced to the form of a document, and in all casesin 'which any matter is required by law to be reducedto the form of a document, no evidence shall be givenin proof of the terms of such contract, grant or otherdisposition of property, or of such matter, except thedocument itself, or secondary evidence of its contentsin . cases in which secondary evidence is admissibleunder the provisions hereinbefol'e contained.Exception I.-When a public officer is required bylaw to he appointed in writing, and when it is shownthat~t)-~~

so"1872.] Evidence.,\~,j-".-~thatany particular 'person has acted as such officer, thewriting by which he is appointed need not be proved.- ,Exception 2.- Wills under the Indian SuccessionAct may be proved by the pr.obate. rExplanation I.-This section applies t:.-}ually to'cases in which the contracts, grants or dispositionsof property referred to are. contained in one document,and to cases in ,vhich they are contained inmore documents than one.Explanation 2.- Where there are more originalsthan one, one original only need be proved.Explanation 3.-The statement, in an~- dOCUDICl1t'vhatcver, of a fact other than the facts referred to inthis section, shall not preclude the .admission of oralevidence as to the same fact. .. Illustrations.(a.) If a contract be contained in several letters, all theletters in which it is contained must be proved..(u.) If a contract is contained in a bill of exchange, the, bill of exchange must be proved.(c.) If a bill of exchange is drawn in a set of three, OIleonly need be proved.'(d.) A contracts, in writing, with B, for the delivery of indigo,, upon certain terms. The contract mentions the fact that B had})aid A thg price of other indigo contracted for verbally on an~-other oc~asion. ,Oral evidenceis offered that no payment was wade' 101't.hfJother indigo.. The evidenceis admissible.je.r A gi' B a receipt for money paid by H..Oral cvidem~,-, 'is 'offeredof the payment.The evidence is admissible.. 92. When the tcrlTISof any such contract, grant orother disposition of property, or any lllatter requiredby la~ to be reducerd to the form of a document,h,ave been proved according to the last sec~ion, noevidence of any oral agreement or statement shallhe adn1itted, as between the parties to any such instl'ulllCI+tor 'their representatives in interest, for the}Jurposeof contradieting, varying, adding to, or ::;ub~t"racting froIn, its terms:. 'PrOLWiO (1),HiExclusion devidence oforal a.g!'ee.mellt,,c...

~! ////-r EJ)idnl(x.,- .i .\CT r~ ---...})J'(kIM)(]}---Any faet rnay he proved which wouldinval{;i~te any doclUl1ent, or which would entitle anypcn;on to any decree. or order relating thereto; suchas fraud, intimidation, illegality, want of due execution,want of capacity itr an~ycontracting party, wantof failure of consideration, or mistake in fact or lavv.Ppoviso (2).-The existence of aJ1V separate oral:_J,~:l'f'('mcnt as to any Inatter on which~;ilen J and which is not inconsistentdocument isith its terms,-'!11laybe proved. In considering wheth, or not thisproviso applies, the Court shall have i ~ard to thedegree of fornlalityof the document. -Proviso (3).-The existence of any separate ,ora~ ,,-agl'COnlent.,constituting' a condition precedent to +,beattaching of any obligation under any such contract,grant 01'dispcsition of property, may be prr,.,...~;J]Jpo'viso(4).-The existence of any distinct subse..'quent oral agreenlent to rescind or modify any such - . .oontract, grant or disposition of propert-r, may heproved, except in cases in 'which such cor .Ltact,grantor disposition of property is by law-required to be in --+.-' \writing, 01'has been registered according to the lawill force' for the time being as to the registration offlOCU111ents.lJ1~oviso(5).-Any usage or custom by which' inci.deni,s not expressly Inentioned in any contract areusually" allne),:ed to contracts of that descri ption, lllav " 'be proved: Providpd that the annexiT'O" of suchincident would not be repugnant to, or 111v0nsistentwith, the express terms of the contract. .]?-rr)1)-{:Y() (6).-,Any fact may be proved which showsin ' what lUanneI' the language of a document fs ,,-~~1' .'. "'t t1'1313;(-'(l to 8:AJstIng lac s.Itlust1'atiMl8.(a.) A poliey 6f insurance is effected on goods" in. shipsfrom Calcutta. to London." 'fhe goods are shipped in a partirularship which is lost. The fact that that. particular shipwat, orally excepted from the pohcy, cannot be proved.(u.) AClgi'ees :-thsolutely. ill writing to pay B Rs. ] )000 onfhp firs1-1\In,I'I:'h1878. The faet that) at the same time} an oral

.It)7~, I 1] f' / ' 1 ', ( 'O J ' ( ) J-J . ,'-'r:: i ,fe"~t' --}-(c.) An estate called (the Rampul' tea estate' is ~old by adeed which contains a map of the property sold. The fact,thatland not included in the map had always been regen'clod as partof the estate and was meant to p,l,SS by the deed) cannot beproved.(d.) A enters into a written contract with B to \york certainmines, the property of B, upon cert.aIn terms. A r:a.s inducedto do so by a misr~presentation of B's a,s to their yahie. 'rhil';fact ma.y be proved.(e.) A illstitutes a suit against; B for the ::;peeificperfol'Ul-may ,beance of a contract, and also prays that the contraetl'eformed as to one of its provisions, :.LSthat provision \vas lllmistakesorted in it by mistake. A may prove that such awas madereformed.as would by law entitle him to lw.\'e tb' eontract(f) A orders goods of B by a letter in which nothing- issaid as to the time of payment, and accepts(jhe goods ondelivery. B sues A for the price. A may show that the goodswere supplied on 'credit for a tel'm still unexpired.(g.) A sells B a horse and verbally warrants him sound. Agives B a paper in these words: 'Bought of A a horse forRs. 500.' B may prove the verbal warranty.(h.) A hires lodgings of B, and gives B a card on which iswritten-' Rooms, Rs. 200 a month.' A may prove a verbalagreement that these terms were to include partial board.A hires lodgings of B for a year, and ~Lregularly stampedagreement, drawn up by an attorney, is made between them., Itjs silent on the subject of board. A may not prove tlmt boardwas included in the terms verbally.(i.) A applies to B for a debt due to A by sending a receiptfor the money. B keeps the receipt and does not send themoney. In a suit for the amount, A may prove this. '(j.) A.and B make a contract in writing to take effec'tuponthe happening of a certain contingency. '1'he writing is leftwith B, who sues A upon it. A may show the circumstancesunder which it was delivered. .93. When the language used in a document is,on its face, ambiguous or defective, evi4encemay notbe given of facts which would show its meaning orsupply its defects.Illustra tiO1Z8.. . 'Exclusion ofevidence toexplain oramendall 'guousdo\:l.. 'ent.((1.) A agl'e,cs, in writing, to sell a horse to B for ( Its. 1,OOO)or Rs. 1,500.' , .EvidencegIvel!.cannot he given to show which l~rice was to be,I.J/..:\.C' I, J.

'. "1!}oidenCf.II..A.C~tIl/-,/-'}~xeluslon 01;~videneeagainst applibcation ofdocument toexisting facts.Evidence asto docnmentnnmeamng 111Ji"eferencetoexisting fads.0:;,Evidence asto applicationof languagewhich canapply to oneonly of severalpersons.Evidence asto applieationof languageto one of twosets of facts,to neither ofwhich thewhole cor.redly applies.(.I),) A titled contai n~ bIankfl. Evidence cannot be g';~Tenoffilets wl.ieh would show how they \vere meant to h" n-94. When language used in ..plain in itself, and when it applies acing facts, evidence may not be giYI ,-was not meant to apply to such' ~'6IUustratioA sells to B, by deed, 'my es~ j' 100 ,-blghas.' A has an estate at Hall' . Evidencemay not be given of t1-t to be,.sold was one situated at a ;I: '".~osize.95. When laD' - ~ :..ucuriient isplain in itself, but.L~ -- -"" ing in .I'efe!Jnce to existingf~cts, evide~ce may be given jo show' tl1at J~, 'Yasused In a peculIar sense. " ,. J,llustration.A sells to B, by deed, 'my house in Calcutta.'A had no house in Calcutta, but it appears that he had ahouse at Howrab, of which B had been in possessionsince the~~~ecntionof the deed.These facts m~y be proved to show that the deed related tothe house at Howrah.96. When the facts are such that the language.used might have been meant to apply to anyone,'and could not have been meant to apply to more thanone, of several persons or things, evidence may begiven of facts which snow which'of those persons orthings it was iDtended to apply to.. ,. Illustration8.(a.) A agrees to sell to B, for Rs. 1,000, 'my white horse.'A has two white horses. Evidence may 1)egiven o£ fasts which "show which of them was meant. ;iI(b.) A agrees to accompany B to Haidarabad.. Evidence maybe given of facts showing whether Haidarab6.d ill e.: Dekkhanor Haidanl,bad in Sindh was meant. .97. When the language used applies partly to ,~one set of existing facts, and partly to a:...: ~i>set ofexisting facts, but the whole of it doe~ . ~\

'-r~~,~.,On whomburJ...u ufprout' lies.,~...Hnrdt'll';or}11'(ll)r :t~ to}'al'l iculartad,Dlll'(kn of}inn i!I:";'Jildto Lt, I'l'u\'nlto JI1:tb:.('\'jdclln'adlJli;:;si]']t."", Jf}()it! ell t:(~. I A(!r jl.Iltush"atzo1t8.(II.) A de~;il'e8a Court to give judgment that B shall I)t:fillllished for :.;,crime which A says B has committed.A must .i~rovethat B has committed the crime.(b.) a desires a Court to give judgment that he is entitledto cel'ta~n land in the possession of B) by reason of facts which,he assel~ts)and wljich B denies) to be true.1- 'n ',tjprove the existence of those facts.1 G,' I mhe burden of' proof in a suit or pl'oeeed..jug Ii&; on that pe1'scm'ut'howould fail if no evidenceat all were gi~en on ' si(1e.IU3tst-tatio'!Z8.(Lt.) A sue~.' B for land of which B is in possession) and. which) as A asserts, was left to A by the will of C, B's father.If no eviJcl1Cewere given 011either side, B would be entitledi 0 retain. h~s IJossession.'rhCl;efol'e~~heburden of proof is on A.(b.) A sa!!s B for money due on a bond.'1'he ext'~~ntionof the bond is admitted, but B says that itwas oJitailll'd :,y fi'and, which A denies.] f no evidence were given on either side, A would succeed)as the lJOllllis not disputed and the fraud is not proved.Therefore the burden of proof is on B.103. The burden of proof as to any particularfaet lies on' that person who wishes the Court to,1elicve in its existence, unless it is provided by anylaw that the proof of that factcular pcrson.shall lie on any parti..IlltUs{ratiou.(a.) -'~ prosecutes H for theft, and wishes the Court tobelieve th~lt 13 admitted the theft to C. A must prove the --(admis::;ioll,n wislH~sthe Court to believe that, at the time in question)he was elsewhere. lIo must prove it.104. The burden of proving any fact necessaryto ho proved in order to enable any person to giveoviucnce of any other fact is on the 1Jo1'sonwho 'wishesto give snell evidence.Illusti'atioltS.(II.) ~\. \\"i:-;hC'ij t., !'l'uVl' a dyiug' declal'atil./l1 I./}' D"!'J'I"'" B\ ,I, ;ttli,,;,1A lllU8l:. fi, ).,..;...-i.~;/)

to.'/.~ ,exception.1~~9 -," ( ;.;. JEvidt."11,(J( ,,(b.) A wishes to prove, by secondary evi(1 ,1..ents of a Jost document.A must prove that the document has been, ,105. When a person is accuselthe burden of proving the existence

}ut(le;uJc. .. tAC'f 1.Burden ofproof as toownership.Proof of~'ood faith intransactionswhere oneparty is inrelation 'ofactive~oufidelll~iJ ,',c heard. of hinl if be had been alive, the burden of'l'oving that he'is alive is on the person who affirms it-.,109. 'Y" ~en the question is whether persons arepartners, landlord and tenant, or principal and agent,and it has been shown that they have been actingas such, the burden of proving that they do not stand,or have ceas0d to stand, to each other in thoserelations'hipsaffirms it.respectively, is on the person wlio "~"T110. When the question is whether any person isowner of- anything of w"hich he is shown to be inpossession, the burden of proving that ~e is not theowner is on the person who affirms that he is not theowner.Ill. Whe:ce there is a question as to the goodfaith of a transaction between parties, one of whomstands to the other in a position of active confidence,the burden of proving the good faith of the transtLctionis on the party who is in a position of activeconfidence.L~,. . ] llnstJ'atio1l8.Birth dLU'ill~'JII:ll'l'la~C,'('dIlC!IISi ve1'1'001' ofll'g-itim

~ 1872.JEvidellce.r -,'-being had to' the' comn10n course of' natural events,hUlnan condllct and public and private business, intheir relation to the facts of the particular case.Illustrations.The Court may presume-(a.) That a man who is in possession of stolen goods soonafter the theft is either the thief or has rc0oived the goodsknowiI~g them to be stolen) unless he can account for his.possessIOn;(0.) That an accomplice is unworthy of credit!)unless lw iscorrobol'ated in material particulars;(c.) That a bill of exchange, accepted or cnuorsed, wasaccepted or endorsed for good consideration; .(d.) That a thing 01'state of things which has been sho\vnto be in existence within a period shorter than that withinwhich such things or states of things usually cease to exist, isstill in existence;(e.) That judicial and official actsformed; ,have been regularly per-(f.) That the common course of business has been follow..cd in particular cases;(g.) That evidence which, coulU he aml is not producedwould, if produeed) be unfavourable to the person who with~holds it; .(h.) That if a man refuses to answer a question which heis not compelled to answer by law) the answer, if given, wouldbe unfavourable to him;(i.) That when a document creating fin obligation is in thehands of the obligor, the obligation has been (lischarged.But the Court shall also have regard to such facts flS thefollowing, in considering whether snch maxims do 01' do -notapply to the particular case before it :-As to illustration (a)-A shop-keeper has in his till. a markedrupee soon after it was stolen, and cannot account for its posses- .sion specifically, but is continually receiving rupees in the courseof his business:As to illustration (b)-A) a person of the highest. character,is tried for causing a man's death by an act of ncgligence inarranging certain machinery. . B) a person of equally goodcharacter, who also took part in the arrangement, describesprecisely what was done, and admits and explains the commoncarelessness of A and himself: .As to illustration (b)-A crime is committed hy severnl persons.A, Band 0, three of the criminals, are captured Oilthet~P()t'::mdkept npal't. from each other.l~ach g-ives an accounti.',;,\'j

~ BVlclence. tAUT 1."..,~of the crime implicating D, and the accounts co1'l'ohorateeachother in such a manner as to render previous concert highlyimprobable: . '"As to ill'lstration (c)-A, the drawer of a bill of exchange,was a man of business. B, the acceptor, was a young andignorant per80n, completely under A's influence:As to illustration (d)-It is proved that a river ran in acertain course five years ago, but it is known that there havebeen floods sin'ce that time whic~ might change its ('ourse:As to illustration (e)-A judicial act, the regularity of whichis in question, was performed under exceptional circum~tances:As to illustration (f)-The question is, whether a letter wasl'eceived. It is shown to have be~n posted, but the usual courseof the post was interrupted by disturbances:As to iUustI'atioll (g)-A man refuses to produce a documentwhich would bear on a contract of small importance on whichhe is sued, but which mighttation of his family:also injure the feelings and repu-As to ilJustration (h)-A man refuses to answer a questionwhich be is not compelled by law to answer, but the al1swer toit might cause loss to him in matters unconnected with thematter in relation to which it is asked:'As to illnstration (i)-A bond is in possession of the obligor,but the circumstances of the case are such that he may havestolen it..--'-~'.E:'.toppel.ERtoppeioftkna,llt jCHAPTERVIII. -ESTOPPEL.115. When one person has, by his doolaration,act or omission, intentionally caused or permitted'another person to believe a thing to be true and toact upon such belief, neither he nor his represe~tativeshall be [,Howed,in any suit or pl'oceedingbeb,reenhimself and such person or his representative~ to denythe truth of that thing.1 ZZust1'atiO1t.A intentionally and falsely leads B to believe that certainland belongs to A, and thereby induces B to buy and pay for it.The land affierwards becomes the property of A, and A seeksto set aside the sale on the ground that, at the time of the sale,he had 'no title. He must not be allowed to prove his want oftitle.116. No tenant of immoveable property, or petsonclaiming through such tenant, shall, during the con-.tinnan ce58-{,

--:1872.J Eoidence.t.--tinuance of the tenancy, be permitted to deny thatthe landlord of such tenant had, at the beginningof the tenancy, a title to such immoveable property;and no person who came upon any imIlloveable pro. andofli enpertyby the license of the person in possession there. i~ep~~s~:~i~:of, shall be permitted to deny that such person had .a title to such possession at the time when such .license was giyen.117.N0 acceptor of a bill of exchange shall be Estoppel ofpermitted to deny that the drawer . had authority .to ~eeptorofd h b e l. bill of exrawsue 11 or to endorse It; nor sha11any. b aIlee change, baileeor licens,- ',-, permitted to deny that his bailor or or licensee.licensor hau) .titthe time when the bailment or licensecommenced, authority to make such bailment or grantsuch license.Explanation (l).-The acceptor of a bill of exchangemay deny that the bill was really drawn bythe person by whom it purports to have been drawn.Explanation (2).-lf a bailee delivers the goodsbailed to a person other than the bailor, he mayprove that such person had a right to them. as againstthe bailor.' .CHAPTER lX.-OFW:t;TNESSES.;}--lIB. All persons shall be competent to testify Wh~.mayunless the Court considers that they are prevented testIfy.from understanding the questions put to them, or.fromgiving rational answers to th~e questions, b;- tenderyears, extreme old age, disease, whether of body ormind, or any other cause of the same kind.Explanation."";'A. lunatic is not incom.petent totestify, unless he is prevented by his lunacy fromunderstanding the questions put to him and givingrational answers to them.,' .119. A witness who is'unable to speak may give Dumbwithis'evidence in any other manner in which he can nesses.make it intelligible, as by writing or by signs; butsuch writing must be written and the signs made inop,en Court. Evidence so given shall be deemed tobe' oral . evidence.120.. In;"',0 uu

''})videJwe.L ~\C'l' I.'a~ies.to, 120. In all civil proceedings the parties to the'VIISUIt, an.l . t I J h ' 'J! .teir\\'ivrsor SUI, anc t lC USb an d or WIle 0f any par ty t0 th e ,SUI, t, usbands.. shall be conlpetent witnesses. In crhninal proceed-. ~usb:1l1d 01' ings against any person, the husband Oi"'wife of such'wlfe?f P?rscJl Person res pectively shall be a comI)etent witnessunderCl'I- " .minn.ltria!.JuJ:::esand 121. ~0 Judge or Magistrate shall, except upon1rfaglstrates: the special order of some Court to which he is subordinate,be co111pelledto answer any questions as tohis o,vn conduct in Court fiSsuch Judge or Magis",trate, or as to anything which caIne to his knowledgein Court as such J uclge or Magistrate; but he maybe examined as to other nlatters which occurred inhis presence whilst he ,vas so ~cting.Illltstrations.Communicat" l''10118. ,_,url11g'marriage..E\'i/kncc' nsto ai!;1inj oI"State.(a.)' A, on his tl';allJefore the Court of Session, says th(l,t adeposH.ioll WRSimpropcrly taken by B, the :Magistrate. B cannotbe compelled to answcr questions as to this, except upon thespecial ordcr of a superior Court. .(b.) A;5 accused before the Court of Session of havingg-iven false evidence hefore B, a Magistrate. 13cannot be askedwhat A said, except upon the special order of the superior Court.(c.)A is:I~('uscd before the COl~rt of Session of attemptingto murder a Police o111cerwhilst on his trial before 13,a SessionsJudge. 13 may be examined as to what occurred.122. N0 p~rson who is or has been ll1arriccl,shallhe conlpellccl to disclose any communication nlac1etohinl during nlarriage by any person to whom he isor has beon nlarricd; nor shall he be permitte4 'todisclose any such commuTI;ication,unless the person.who Inade it, or his representative in interest;' consents,except in suits between Inarried persons, orproceedings in which one married person is prosecutedfor any crime committed against the other. .123. Noone shall be permitted to give anyevidence del'ived from unpublished official recordsrelating. to any affairs of State, except withthe permission of the officer at the head of the clepart-11lcntconcerned, who shall give or withhold such per-111issio11 as he thinks fit.Officialcom- 124. I~0 public officer shall be compelled tomunications.disclose colnmunications Inade to him in official confidence,'when he considers that the public inteJ;ests. would suffer by the disclosure.125. ~o60--\. ....

'--,f~1872,] Evidence.125. No Magistrate or Police officershall be compelledto say whence he got any information as to thecommission of any offence.126. No barrister, attorney, pleader or va3d1,shan.at any tinle be permitted, unless .with his clicnt'sexpress consent, to disclose any COln111Unicationnladeto hilll in the course and for the purpose of his ern..ployment as such barrister, pleader, attorney or vakil,by or on behalf of his client, or to state the contentsor condition of any document with which he hasbecome acquainted in the course and for the purposeof his professional employment, or to disclose anyadvice given by him to his client in tp.e course andfor the purpose of such employment:Provided that nothing in this section shall protectfroIn disclosure-j(1) .Any such communication made in ~urther..ance of any criminal purpose; , .(2) Any fact, observed by any barrister, ,pleader,attorney or vakil, in the course of his employn1(~ntas such, showing that any crime or fraud has beencomnljtted since the commencement of his employ..melJ.C.It is iulluaterial whether the attention of such bar..rister, attorney or vakil was or was not directed .tosuch fact by or on behalf of his client.Bxplanation.-The obligation stated in this sectioncontinues after the employment has ceased.IZZust1'atiolfts.(a,) A, a client, says to B, an attorney-' I have committedforgery, and I wish you to defend me.'As the defence of a man known to be guilty is not a criminalpurpose, this communication is protected from disclosure. .(0,) A, a cJient, says to B, an attorney-' I wish to obtainpossessionof property by the use of a forged deed on which Irequest you to sue.'This communication, being made in furtherance ofa criminalpurpose, is not protected from disclosure.(e,) AJ being charged with embezzlement, retains B, anattorney, to defend him. In the course of the proceedings, Bobserves that an entry has been made in A's account-book,chargi,ug A with the sum said to have been embezzled, which,. entry01Informationas to commissionofoffences,Pl'ofcs81o11nleommUll1Ca~tions,J

EJ;idence...[ ACTIrentry was not in the book at the commencement of his employment~This being a fact observed by B in the course of his employment,showing that a fraud has been committed since thecommencement of the proceedings, it is not protected fromdisclosure.' .-~eetioll12G 127. The provisions of section one hundred and~()applyto' twent y -six shall a pply to interpreters, and the clerkswterprdel'i' . . ..Yc. 'or servants of barrIsters, pleaders, attorneys and- "1'""valdIs. .Priril('(y" notwain'd'-'IJ\'vo!lIntl:el:ingevidence.Con fldclltial('OHlllllIllll'a.tinns withll'g;d all " i"t'l"s.Production oftitle-deedsof witnessnot a party..128. If any party to a suit g'ivesevidence thereinat his own instance or otherwise, he shall not bedeeme ~ to have consented thereby to such disclosure~',1 i~ n1entioned in 'section one hundred andtwenty -six; and i( any party to a suit or proceedingcalls any such harrister, attorney or vakil,as a witness,he shall be . -A.ledto have consented to such disclosureonly if he questions such barrister, attorney 91'vakil on matters which, but for such question, he '.would not be at liberty to disclose.129.. No oue shall be compelled to disclose to theCourt any confidential communication which hastaken place between him and. his legal professionaladviser, unless he offers himself as a witness, in whichcase he may be compelled to disclose any such communicationsas may appear to the Court necessary tobe known in order to explain any evidence which, hehas given, but no others!130. No witness who is not a party to .a suitshall be compelled to produce his title-deeds to anyproperty, or any document in virtue of which he .holds any property as pledgee or mortgagee, oi any'-\,docun1ent the production of which might tend tocriminate hiln, unless he has agreed in writing to producethem with the person seeking the production ofsuch deeds or some person through whom he claims.Production 131. Noone shall be compelled to produce docuof.documentsluen ts in . his possession,which any other person wouldb I j f dwhlChanother . f th.h .person,havinge entIt (:\ to re use to pro uce 1 ey were In ISpossession, could refuse possession, unless such last mentioned person consents"h . .toproduce. to t ell' pro ductIon.DZ132, A'. .\.;'/.

1872. J. E11idcllce.132. A witnessshall nat be excused from "'answor- 'Witnessnoting any questian as to. any matter relevant to. the ~~~~~~~:ll~j~~matter in issue in any suit 0.1'in any civil 0.1'cdminal gl'o1!lld th~t.praceedin~, , - ° upan"the graund that the answer to. such ~1.J.S\~Cl:WIll11t d d ' ' Cllllllnate.questian WI crImInate, 0.1'may en. Irect 1y or Indirectlyto criminate, such witness~ 0.1' that it 'willexpo.se, or tend directly or indirectly to. expose, su0h.s. ""~witness to. a penalty 0.1'farfeiture af any kind:Pravided that no. such answer, which a witness Proviso,shall be campelled to. give, shall, subject him to anyarrest or prasecution, 0.1'be praved against hint in anycriminal praceeding, except a prasecutian far givingfalse evidence by such answer. . . ,133, An accamplice shall be a campetent witness ~ccomplicc~against an accused persan; and a conviction is natillegal merely because it praceeds upan the uncar;rabaratedtestimany af an accamplice. .134. No particular number af witnesses shall in Number cf'any case be required far the praaf of any fact. witnesses.CHAPTER X.-Q]' THE EXAMINATION OF WITNESSES,135. Thearder in which witnesses are pr'aduccd Order of 1)1'0-and .examined , shall be regulated by the law and ductj~mU!lct£ th t . b ' I t ' . 't 1 d' ('x:vnmatwnpractice are Ime elng re a lUg 0 CIVI an 1:)[' \~itnesses,.-criminal pracedurerespectively, and, in. the absence. \of any such law, by the discretian of the Caurt.136. When either party prapases to. give evidence JUdgBto de.". of any fact, the Judge may ask the party propasing' ci~e.ashi ,". :/' to. give the evidence in what manner the alleO'edfact lll~sslbJl1I'J' 01b .'.evIdence.if praved, wauld be relevant;. and the Judge shalladmit the evidence if he thinks that the fact, ifIJl'aved, wauld be relevant, and not atherwise.If the fact propased to.be praved is "one af whichevidence is admissible anly upan praaf of"same 'atherfact, such last-mentianed fact must be praved beforeevidence is given af the fact first mentioned, unlessthe party undertakes to. give praaf o.f such fact andtho Caurt is satisfied with such undertaking,If'J~) ~"'"

Cross-exami.na-tion,Examinationin-chief.ne-examination.OrdC1' ofexaminations.Direction ofl'\3-eXa11ll11a-!ion,Evidencr!,I ACT IIf the relevancy of one alleged fact del)ends. uponanother ':!Jleged fact being first proved, the Judgemay, in his discretion, either permit evidence of thefirst fact to be given before the second fact is proved,or require evidence to be given of the second factbefore eyidence is given of the first fact.Iltu8trations.(Ct.) It is proposed to prove a statement about a rdevant fact -- :'by a personallegedto be dead,whichstatement is relevantundersection thirty-two. .The fact that the person is dead must be proved by the personproposing to prove the statement, before evidence is given ofthe statement.'(b.) It is proposedto prove, by a copy, the contents of a documentsaid to be lost.The fhet that the otiginal is lost must be proved by the personproposing to produce the copy, before the copy is produced.(c.) A is accused of receiving stolen property knowing it tohave been stolen,It is Pl'()posedto prove that he denied the posseSSIOnof theproperty.'J'he relevancy of the denial depends on the identity of thoproperty, The Court may, in its discretion, either require theproperty Co be identified beforethe denial of the possession isproved, 01' permit the denial of the possession to be provedbefore the property is identified.(d.). It is proposedto prove a fact (A) which is said to havebeen the cause or effect of a fact in issue. rrhere are severalintermediate facts (B, C and D) which must be shown to existbefore the fact (A) can be regarded as the cause01' effect of thefact in issue. rrhe Court may either permit A to be provedbefol'e13)C 02'D is proved, or may require proof of B, C and Dbefore permitting proof of A.137. The examination of a witness by the party .4"who calls hi1ll shall be called his examination-in-chief.The exarnination of a .witness by the adverse partyshall be called his cross-examination.The examination of a witness, subsequent to thecross-examination by the party who called him, shallbe called his re-examination.138. Witnesses shall be first exanlincdkin-chief,thenthen(j}(if the adverse party so desires) cross-examined,(if the party calling llim so desires) re~exaI~lined.1']w

1872.J Evidenoe.The examination and cross-examination must relateto relevant facts, but the cross-examination need notbe confined to the facts to which the witness testifiedon his examination-in-chief.The re-exrlIr.dnation shall be directed to the explanationof matters referred to in cross-examination;and if new matter is, by permission of the Court,, _. introduced in re-examination, the adverse party mayfurther cross-examineupon that matter.'139. A person summoned to produce a docu- Cross-examment does not. become a witness by the mere fact that inationofh 1 t d t b.person callede proc nces I, an canno e cross-examIned un1ess toproduceaand until he is called as a witness.document. -d t ' f t t h . . .. . 11l,Wl'ltIU. ISpOSIIon 0 proper y, as ,0 w ICh he IS gIvIng' evI"'odence, was not' contained in a document, and if hesays that it was, or if he ~sabout to make any state-,ment-as to the contents of any, document, which, inthe opinion of the Court, ought to be produced, the, adverse party may object to, such evidence beinggiven until such document,is proouced, or until factshave been proved which entitle the party who calledthe witness to give secondary evidence of it.Explanation.-A witness may give oralof statem~nts made by other persons about#,evidencethe contentsG5

'.b/iiiC)i,){)l AU'I' It,',';:!:. ,;1 fluclHllenh; if such statements are in them-..:::,h..c'"l "': !i),T vp nt i'.lcts,, ...1" "J ,'\.oo -' .'() c."., .lltU8trpation.1 ,>11 i 'll '1 '~...1, ,. ,n:1Pi1; V\~I 1'1 'n' 'l .'\ u 'j CJ.-~~l, ~~'L_."") .. VU " --:1,._- i.1 ') s '~~ a n ~V... r.n l D.,'I 1 ,',' 1 '\.; (18P..)83,}:j;lalJ no ilcan: 1 h. \ say t'01D " -' r j t I t '"-~) W1'Oe a ewr accusing'me of theft) and I will 'be l'r "~.nged011hirG.' 1'his statement~::;relevant) ,tS showing A's 11lVU4'.";for the assault, and evidencel'Jl.1Ybe, given of it, though no other evidence is given about -.-1"hr t """,-_cl,j ..v>.; vi. '.in life, or . ". tl,!,~"-i:.\,lIH' ,145. A witness may be cross'~examinedas to pre-. ilJatiilll.:lsvious staten1ents made by hhn in writinO' or reduced'to 1'1\'\'IIJlto .t. to1 I J. . bt tt t . . ~Ld('Jl\(\nh Ii" III 0 wrl lng, ane re evanli 0 ma ers In ques lon, WItl1-\\'1ifill": out sut';h writing being shown to him, or' beingproved; but if it is intended to contradict bim by thewriting, his attention nlust, before the writing can beproved,. be called to those parts of it which are to be"..lscdfor the purpose, of contradicting him.Ollc .ot:un.., 146. 'Vhon a witness is cross-examined, he may,. I~\':riil in( .,' .. ','~' , III addition to the questions hereinbefore referred to,11.'.lil'" ~.h,),~,\.lH.l' be asked any questions which tend "(1) to test his ,veracity;(2) to discover )yho he is and w~;at is his position(3) . to shake his credit, by injuring his character,although the answer to such questions might tenddirectly' or indirectly to crilllinate him, or might exposeor tend directly or ind~ectly to expose him to apenalty or forfeiture.WL,,;I \IlL. 147. . If any such question relates to 'a mattern~;SG t.J L.;relev~nt to the suit or proceeding, the provisions ofc\lupdkd t,)a u;; \\'Cl', section one hundred and thirty-two shall apply thereto.Cu~lrt to 148. If any such question relates to a matter notllL'Ldc\'iLli relevant to the suit or proceeding, except in so far asq!lC:~tjLJ;l :,1:,111be :1:;1,(:(1 :~1!:1 it affects the credit of the witness by injuring hisWhell \'1; hw/;:.::character, the Court shall decide whether or not, thervn:pdJe,l t.):\11:,\\ 1:1' witness shall be compelled to answer it, and may, ifit thinl{s fit, ,yarn the witness that he is not obligedto ans\yer it. In exercising its discretion, the Court::;11:111have regard to the following considerations:-(1.) Snnh questions are prop~_'if they are of such:l nature t1d.t the truth of the imputation conv~!ed'by"',,~.,~I

101=').J,.,,~. Evidence,'--by them would seriously affect the opinion of theCourt as to the credibility of the witness on thematter to which he testifies:(2.) Such questions are improper if the hnputa.tion which they convey relates to lllatters so rO111otcin time, or of such a .character, that the truth of theimputation would not affect, or would affect ill aslight degree, the opinion of the Court as to the cro~dibility of the witness on the matter to which ho.testifies: .(3.) Such questions are improper if there. is agreat disproportion between the importance of theimputation made against the witness'~ character andthe importance of his evidence:(4). The Court may, if it.sees fit, draw, froln thewitness's refusal to answer, the inference that theanswer if given would be unfavourable.149. No such question as is referred to in sectionone hundred and forty-eight ought to be asked, unlessthe person asking it has reasonable grounds for think"ing that the imputation which it conveys is' wellfounded..Questionnot to beaskedwithoutreasonablegrounds,'-;-IUust'J,ettiO7ls.(a.) A barrister is instructed by an attorney or vakil that auimportant witness is a dalniit. This is a reasonable grouild forasking the witness whether he is a dakait.(0.) A pleader is informed by a person in Court that an im~portant witness is a d6.ldit. The informant, on being questionedby the pleader, gives satisfactory reasonsfor his statement. Thi~is a reasonable ground for asking the witness whether he ,if,:1.dakait.(c.) A witness, of whom nothing whatever is known, is ~slwd,at random whether he is a da.lGiit. There are here no rUlsonahkgrounds for the question. .(d,) A witness, of whom nothing whatever is kno~ll, tcingquestioned as to his mode of life and means of living, A'ives unsatisfactoryanswers. This may be a reasonable grounclior askinghim if he is a dakait. .150. If tne Court is of opinion that any such Clues. rroecdnr~'tion was asked without reasonahloO'founds it l11ay 01 Cn1:r1 lJ1b , , C'I""'" o.if it was asked by any barrister, pleader, y'.' . or attor~ (j.;:';,iti~;Lney, report the circumstances of the ease to tho-Iligh.. Wl.J,'.~hL::." ,:".', i.':,..,. J. : 1C ..'.,tU.T'r'.l.T,:U'".. .;;',: ,.,'1;1.\r!.."

'~i~"Indecentandscandalous. :questions.~'.' , ' {AC'1I" ' Evidence.Court or other authority to which such barrister,pleader,vakil oJ attorney is subject in the exercise ofhis profes£:..~ '. ' . ~ '. 151~' The Courtmay forbid any questions or~quiries'which it regards as indecent or scandalous, although'such. questions or inquiries may have somebearing on the questions before the Court, unless theyrelate to facts in issue, or to matters necessary to be --'-'7'known in, orde~to determine whether or not the factsr~ ,;.i..,.'Questionsintended toinsult orannoy.Exclusionof evidenceto contradictanswers toquestionstesting'""Veracity.in issue existed. '152. The Court shall f9rbid any question which'appoors to it to be intended to insult or annoy, ,orwhich, though proper in 'itself, appears to the Courtneedlesslyoffensivein form. ' ,153. When a witness has been asked and hasanswered any question whichis relevant to the inquiry.only in so far as it tends to shake his credit by injuringhis character, no evidenceshall be given to contradicthim; but if he answersfalsely, he may afterwardsbe charged with giving false evidence.E:iception I.-If a witness is asked whether he hasbeen previously convictedof any crime and denies it,evidence may be given of his previous conviction.Exception2.- Ifa witness is asked any questiontending ~o.impeach his impartiality, and answers i~ bydenyi.~g , th~ facts suggested, he maybe contradicted., " . Illu8tratious. ,(~~) '~:, A claim against an underwriter is resisted on the groundof fraud.'The' claimant is asked whether, in a former transaction, hehad not made a fraudulent claim. He denies it.,Evidence is offeredto show that he did make such a claim.The evidenceis inadmissible.(6.) ,~witness is asked.whether'he was not dismissed from asituation for dishonesty. He denies it.EvidelL.Jeis offered to show, that he was dismissed for dishonest;y~'' ,The"evidence is not' adinissible.(c.)~,A affirmsthat on a cert~n day he sl;t~B at }jahore.A is'asked whether he himself was not on that day at,Calcutta.He deniesit~ ' ~68, ~. Evideh.~e., ":.\c-{,.

,'"'",11872.J Evidence.\,Evidenceis offeredto showthat A wason that day at Calcutta}1~The'evidence is admissible, not as contradicting A on, a fact'which,afFectshis cre'dit~but as contradicting the alleged fact---"--)-- r'that B was seen on the day in questionin Lahore. :, !'In each of these casesthe witness might, if his denial wa~,faIse, be charged wi~hgiving false evidence., ', (d.) A is asked ,whether his family has not had a blood feudwith the family of 13against whoDfhe gives evidence.He denies it. He may be contradicted on the ground thatthe ques,tiontends to impeach his impartiality.154. The Court may, in its discretion, permit the Question byper~on w~o ~all~a wit~ess to put ~nr q~estions to hini ~~:ywti~:e1:s.WhICh mIght be put In cross-exammation by the ad-'verse party. ' /"'1,155. The Qredit of a witness may be impeached lb. Impeachingcreditofwit-the following ways by the adverse party, or; withttlleconsent of the Court, by the party who calls him:7;.L' ness.(1.) By th~ evidence ofp~rsons who testify thatthey, from th~ir knowledge of the witness, believehim to be unworthy of credit; ,, (2.) By proof that the witness l;lasbeen bribed, orhas had the offer ofa bribe", or has received anyother corrupt inducement to give his evidence;,'. (3.) By proof of former statements inconsistBnt.'with any part of his evidence which is liable to becontradicted; , .(4.) When a man is prosecuted for rape or anattempt to ravish~ it may be shpwn that the prosecutrixwas of generally' immoral character. .Bxplanation.~A witness declaring another w;itnessto be unworthy of credit may not, upon his ex;amination-in-chief,give reasons for his belief, but he maybe .asked his reasons in cross-examination, and ,theanswers which he gives cannot be contradicted,though, if they are false, he m~y afterwards be chargedwith giving'ft\.lseevidence. .IZlu8trations.. .(a). A sues B for the price of goods sold and delivered to B.C .s~ysthat he delivered the goods to B.EvideQceis offeredto show that, on a previousoccasion,he saidthat p,2had not delivered the goods to B., /'-'--.1,7"-The6V ,,,.

.The evidence. is admissible., , , .(b,) A i~ indicted for the murder of B., '.Ev'idence .: :.-l~T I. C saysthat B, whe11dying, declaredthat Ahaci given B thewound or which he ~ied..'r{j, Evidence u;'offeredto show that, on a previous occasion,C .said that the wound was not given by A or in' his pres"ence. .,, Theevidence is admissible. . . '...~, provedstate.Questions ~ 156. " When a witness whom it is intended -~'tending to b teto. corroborate gives evidence of any ant relev, con'o ora , .' , .evidence of fact, he, may be questioned as to any otherrele~a~t flWt,circumstances . which he observed, at or near, to theadmIssIble,t 1 t h . .h h I tI!. .Ime or p ace a w IC suc re evan J.actoccurre, dif the Court is of opinion that such circumstances,.if proved, would corroborate the testimony, of thewitness as to the relevant fact which he testifies.. ' Illust1'ation.A, an accomplice, gives an account of a robbery in which"he took part. He describesvarious incidents unconnected withthe robbery ,which occurred on his way. to and from the place IIwhere it was committed. ....Indepe~d~nt evidence of these facts may be" given in order ',.',">tocorrobor~tehis evidence as to the robbery itself. , "'I'"Former 157~ .In order to corroborate the tes~~monyofs~tementsofwItnessmaya witness.' ,an y former statement made by such.witness'be provedto relatIng to the same fact, at or about the time whenl~~~~b~:~l~ the fact .took place,. or before any authority legallymonyas to competent to mvestIgate the fact, may be proved. 'same flWt,'What mat. 158: Whenever any statement, relev~nt un,derters m~ybe section' thirty-two or thirty-three, is proved, all matprovedill . con-''t b d8th d t t'' 8nectionwith ers ma,y e prove, el er ill or er 0 con ra dICtor 0coro~orate it, or in order to ,im~ea:chor confirm ~he ,-.(ment relev~nt credIt; of' the Person by whom It was made which . ~under section ..., ,32 or 33, might have been proved if that person had been calledI-Refreshingmemory.as a witness and had denied uponthe truth of the matter suggested.. tcross-examination, 15,9~' A witness may, while, under ex:a.mination,refresh his memory by referring to any writing madeby hiP;1~e1fat the time of the' transaction Concerningwhich ho is questioned, or so soon afterwards that theCourt' considers it' likely that the transaction was atthat time fresh. in his memory. ' ,'"trhc'", 7 (). '",".',;. .:, !

''"-1872.] Evidence., ',?c'I" ,The.-witness ,may also refer to any such writingmade by any other' person, and read by the witne~swithin . ' the tim$Laforesaid,if , when he' read it he knew , IIt to be correct. ' ,; ..Whenever a Iwitness may refresh his memory by Whenwitreference'to any document, he may, with the permis- ness~a~ usosion of the Court, refer to a copy of such document: :~!t 0 to o~~:,--'- Provided the ,Court be satisfied that there is sufficient freshmemory.reason for the'non-production of the original. .;'An expert' may refresh his memory by referenceto professionaltreatises. ' .' .160. A witness may also testify' to facts m.en- Testimony'tioned in any such document as is mentioned in sec- ~ofactsstatedt . . h d . 'd d fif !l. . In documentlth h h h ", Ion one un re an lJy-nlne,a oug e. as,no 'mentioned inspecific recollection of the facts. themselves, if he' is section159.sure that the' facts were correctly recorded in thedocument.i"ltluatr'ation. . . .A book~keeper may testify to facts recorded by him in books.regularly kept'ID.the course of busi:q.ess,if he ~nows that thebooks were correctly kept, although he has forgotten the ' part~cu~Jar transactions entered., 161.' A' v;writingreferred, to under the provi- Right of 'sions of tl'two last preceding sections must be Pro- ,adverse ~a;,ty''. , ,h d'if h ... ,as to wrItIngduced and s~ ,yn to tea verse. party , e reqUIres It; used to re-'such party'. 'oay; if he pleases, cross.examine the freshmemory.witness thereupon. " ' , " ' '162.' A ,witness summoned to' produce a docu~ Productionment shall, 'if it is in his possession or power, bring Jt' of documents.to Court, notwithstan~ng any objection, which tp.ere ..->-,may be to its production or to its' admissibility. ,',The," validity of any such objection shall be decided 0# .py~C~. ', .",,;'The Court, if it sees fit, may, inspect the document,unless it refers to, matters, ,'of State, or take. other evidence to enable it'to determine on 0its~,admissibility ~ " , . .0 , '0, , ,, If for such a purpose it is necessary to cause a~y Translationdocument to be translated , the Court may if it thinks of documents~,. ., ,,fit, direct the translator to keep the contents secret,unle~~the document is to be given in ,,' evidence: and,", , off'.',.- 71~ ..,

...- ~..f }. '. J . i. iI . "'- . Bvl~1U)e..', ..~l ACT.'i ..,~iithe interpreter disobeys such direction, he shall be .' .held ,to.have 'committed an offence under section onehundred and sixty-six of the Indian Penal Code.Giving, as 163;.. When a party calls for a dQcumentwhichdvidence'tofhe has given the other party notice to produce, andcall:d;~and sucb. document is produced and inspected by the partypl'o~ucedon calling,..'for its production, he is bound to give it asnotlCC. evidence if the party producing it requires him to de. ,-so~.:_. . . . .Using,as 164. When a party refuses to produce a docu...evidence, of. ment which he has had notice to produce,'. he cannot.~~~~d:~i;nof afterwards use ~he document as eviden,ce without the'..:~~~~d::8 consent of the otller party or the order of the Court.notice.Illustration..Asues B on an agreement and gives B.. notice to produce it.At the trial, A cans for the document and B refuses to produceit.' A \ gives secondary evidence of its contents. . B seeks toproduce the docw;nentitself to contradict the secondary.evidence.given by A, or in order to show that the agreement is not stamped.HE(cannot do so. . . .'" JudO'e's 165. The Judge may, iri order to discover or topow~r. toput obtain pro.~r proof of relevant facts, ask ~yques.:.questIOns ort " h I '; ." ./."1t t o' f. oyderPl'oduc- I?n e r ..' les, In an~ ~orm,. a . any IDle,. 0 .anytlon. WItness, 01.' (.'the partIes, abputany fact relevant orirrelevant; '.' i~d Jllay order. theproductio:n. . of anydocunient or ~hj~.j: and neither the parties nor their'agents shall be entitled to make any objection to 'anysuch question or order, nor, without the leave of the'Court, to cross-examine any witness upon any answergiven in. reply to any such question: /,.;ProVidedthat the judgment must be based. uponfacts . declared ~y this Act. .to be "relevant, and duly....~ .provea. ,:.' .. . .Provided also that this section' shall not;authorize.any Judge to compel any witness t6 an~wer any'question, or to produce any document which suchwitness .would be entitled. to refuse to answer orprodu(1~ under sections. one hundred. and,twenty-. one to ':qU,e hundred and thirty -one both jnclusive,.if the .1..,.' J:!luestion 'Were asked or. the Q.ocumentwere C~.lledfor by' the adverse party; nor shallthe .Judge ask any question which it w:oul~ be''improDer .72 , I.,,.. ~..~

.i.~1872.J, E1,idelWP.r"r- - ,j - , ', improper for,any other person to ask under sections,one hundred aA4' forty-:eight or one' hundred and:forty-nine; no],' sha,ll, he dispense witll primary, 'evidence of any'document; except in the cases here..inbefore excepted. -,-166. In cases tried by jury or with assessors, Power ot/-' t~e jury or assessors-may, put any q~estions, to ~he ~~~!o~oaS~~wltnessee, through - or by leave, of the Judge, whIch questions. 'the Judge himself might put ~nd which he considers'F~~ , ' ., CHAPTER XI.-OF IMPROPER ADMISSION AND REJEC;', TION OF EVIDENCE."~, justify167. The improper' admission: or rejection, of No ne~ trialevidence shall,not'be,g:r?und. of, itself for ~ n~w trial'~dJ:~~~~--or reversal of any - decIs~on In any' case, If It shall rejectiono("appear to the Court before' ;which such objection is evidence. .raised that, independently of the evidence objectedio and ,admitted" there 'waS sufficient e~dence to "the decision, or that, if ~he ,reje~ted evidencehad been received, it, 'ought not to hare' varied thedecision. ',: ,', " ' ".t ' -}...., SCHEDULE72 ..\ .'

"'~,,,,""Evidence.[ ACTI, 1872.J, ,-- '~Number bJd year,SCHEDV~E. .~CTME~TS REPEALED~[ See section 2.] .TITLE,Extoo t ?f repeal..Stat, 26 Geo,III , For the further regulation of thecap. 57.,' ' I trial of persons accusedof certainoffences committed' in the EastIndies; for repeali~g so mu~h ofan Act, made in the tw.ent: ~ourth.year of the reign of his presentMajestJ (intituled' An Act for thebetter regulation and managementof the affairs of the East Indi~Company, and of the British possessionsIIIIndia,and for establishinga court (\f',j udicature for themor~ speedy and etl'ectual trial ofpersqns accused of' oflEmcescommittedin the ~~st Indies'), as requiresthe servants of the Eastlndia Compan,yto deliver inventol'iesof their estates and effects;'for rendering the laws more effectualagainst persons unlawfully, l'esorting to the East Indies; aud, for the more easY roof, in certaincases, of deeds anl writings executedin UrtJat .Britain or India,Section thirty-'eigh.o far as itrelates,to Courtsof 'justice in theEast Indies.---"- '- \, .,\,.I\; -\,Stat, i4 &, 1-6!To amend the Law'of EvidenceVie., cap, 99,Sectionelevenandso much of section,ninef'!en asI'elates tr , _'itishIndia.:?Act XV of 1852 .,. ITo amend the Law of EvIdenceSo much, ~s hasnot been heretoforerepealed,Act XIX of 1853 ITo amend the Law of Evidence iu ISectionni~teen~the Civil C0urts of the East IndiaCompany in the ~engal Presidency.So much as hagAct II of 1855 .,. IFor'the fut~~r improvement, of theLaw of EvIdence. ' ' I not been hel.'eto-, fore repealed.Act XXV of 1861!.b'or simplifying' the Procedu~'e ofthe Courts of Criminal J udieaturenot established by Royal,, Charter.Act I of 1868 ."I\I--'--'--'-- ' ' eight.74The General Clauses' Act, 1868, ...Offi~e of Sl1pdt, Govt. Prmti.ntr,-No~ 10298L. D.-IO.6.72.-6,OOO.,