CHAPTER II - RELEVANCY OF FACTS
3. Evidence may be given of facts in issue and relevant facts.—
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue
and of such other facts as are hereinafter declared to be relevant, and of no others.
Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to
prove by any provision of the law for the time being in force relating to civil procedure.
Illustrations.
(a) A is tried for the murder of B by beating him with a club 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 readiness for production at the first hearing of the case, a
bond on which he relies. This section does not enable him to produce the bond or prove its contents at a
subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code
of Civil Procedure, 1908 (5 of 1908).
4. Relevancy of facts forming part of the same transaction.
Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part
of the same transaction, are relevant, whether they occurred at the same time and place or at different times
and places.
Illustrations:
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at
the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.
(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in
which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is
relevant, as forming part of the general transaction, though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties
relating to the subject out of which the libel arose, and forming part of the correspondence in which it is
contained, are relevant facts, though they do not contain the libel itself.
(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to
several intermediate persons successively. Each delivery is a relevant fact.
5. Facts which are occasion, cause or effect of facts in issue or relevant facts.
Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in
issue, or which constitute the state of things under which they happened, or which afforded an opportunity for
their occurrence or transaction, are relevant.
Illustrations:
(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with
money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are
relevant.
(b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place
where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and
habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.
6. Motive, preparation and previous or subsequent conduct.
Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant
fact.
The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit
or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any
person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or
is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1.—The word “conduct” in this section does not include statements, unless those statements
accompany and explain acts other than statements; but this explanation is not to affect the relevancy of
statements under any other section of this Adhiniyam.
Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and
hearing, which affects such conduct, is relevant.
Illustrations:
(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B
had tried to extort money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time
when the bond was alleged to be made, B required money for a particular purpose, is relevant.
(c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar
to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A. The facts that, not long before, the date of
the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he
consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared,
of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A
provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or
that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who
might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence—“the
police are coming to look for the person who robbed B”, and that immediately afterwards A ran away, are
relevant.
(g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and
that D said to C in A's presence and hearing—“I advise you not to trust A, for he owes B ten thousand rupees”,
and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning
A that inquiry was being made for the criminal, and the contents of the letter, are relevant.
(i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in
possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which
were or might have been used in committing it, are relevant.
(j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint
relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are
relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct
under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as
corroborative evidence under section 160.
(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint
relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are
relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct
under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as
corroborative evidence under section 160.
7. Facts necessary to explain or introduce fact in issue or relevant facts.
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an
inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or
person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact
happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far
as they are necessary for that purpose.
8. Things said or done by conspirator in reference to common design.
Where there is reasonable ground to believe that two or more persons have conspired together to commit an
offence or an actionable wrong, anything said, done or written by any one of such persons in reference to
their common intention, after the time when such intention was first entertained by any one of them, is a
relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving
the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
9. When facts not otherwise relevant become relevant.
Facts not otherwise relevant are relevant:
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in
issue or relevant fact highly probable or improbable.
(2)(a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A
was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from
the place where it was committed, which would render it highly improbable, though not impossible, that he
committed it, is relevant.
(2)(b) The question is, whether A committed a crime. The circumstances are such that the crime must have been
committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one
else, and that it was not committed by either B, C or D, is relevant.
10. Facts tending to enable Court to determine amount are relevant in suits for damages.
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of
damages which ought to be awarded, is relevant.
11. Facts relevant when right or custom is in question.
Where the question is as to the existence of any right or custom, the following facts are relevant:
(a) any transaction by which the right or custom in question was created, claimed, modified, recognised,
asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its
exercise was disputed, asserted or departed from.
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a
mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with
the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the
right was stopped by A's neighbours, are relevant facts.
12. Facts showing existence of state of mind, or of body or bodily feeling.—
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence,
rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or
bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in
issue or relevant.
Explanation 1: A fact relevant as showing the existence of a relevant state of mind must show that the state
of mind exists, not generally, but in reference to the particular matter in question.
Explanation 2: Where, upon the trial of a person accused of an offence, the previous commission by the accused
of an offence is relevant, the previous conviction of such person shall also be a relevant fact.
Illustrations
A is accused of receiving stolen goods knowing them to be stolen. The fact that he was in possession of many
other stolen articles is relevant, as tending to show that he knew each and all of the articles were
stolen.
A is accused of fraudulently delivering counterfeit currency. The fact that A was possessed of a number of
other pieces of counterfeit currency at the time of delivery is relevant.
A sues B for damage done by B's dog. The fact that the dog had previously bitten others and that they
complained to B is relevant.
A is accused of defaming B. The fact of previous publications by A showing ill-will towards B is relevant, as
proving A's intention to harm B's reputation.
A is sued by B for fraudulently representing C as solvent. The fact that A represented C as solvent in good
faith, based on the belief of others, is relevant.
A is sued for work done by B, where A's defence is that B's contract was with C. The fact that A paid C for
the work in good faith is relevant.
A is accused of dishonest misappropriation of property. The fact that public notice of the loss was given is
relevant, as showing A did not believe the owner couldn't be found.
A is charged with shooting at B with intent to kill. The fact of A having previously shot at B is relevant as
showing his intent.
A is charged with sending threatening letters to B. Threatening letters previously sent by A are relevant to
show his intent.
The question is whether A has been guilty of cruelty towards B. Expressions of their feelings shortly before
or after the alleged cruelty are relevant.
Statements made by A during his illness as to his symptoms are relevant facts when considering whether A's
death was caused by poison.
Statements made by A as to his health at or near the time of an assurance on his life are relevant
facts.
A sues B for negligence in providing an unfit car. The fact that B's attention was previously drawn to the
defect is relevant, but habitual negligence is irrelevant.
A is tried for the murder of B by shooting him. The fact that A had previously shot at B is relevant as
showing his intention to shoot him.
(p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular
crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that
class is irrelevant.
A is accused of the dishonest misappropriation of property which he had found, and the question is whether,
when he appropriated it, he believed in good faith that the real owner could not be found. The fact that
public notice of the loss of the property had been given in the place where A was, is relevant, as showing
that A did not in good faith believe that the real owner of the property could not be found. The fact that A
knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the
property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the
notice did not disprove A's good faith.
13. Facts bearing on question whether act was accidental or intentional
When there is a question whether an act was accidental or intentional, or done with particular knowledge or
intention, the fact that such act formed part of a series of similar occurrences is relevant.
A is accused of burning down his house to collect insurance. The facts that A lived in several houses, each
insured and burnt down, are relevant as showing the fires were not accidental.
A, employed to receive money, makes a false entry. The fact that other entries made by A are also false and
favor A is relevant to show the false entry was intentional.
A is accused of fraudulently delivering counterfeit currency. The facts that A delivered counterfeit currency
to others before or after delivery to B are relevant as showing the delivery was not accidental.
14. Existence of course of business when relevant.
When there is a question whether a particular act was done, the existence of any course of business,
according to which it naturally would have been done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of
business for all letters put in a certain place to be carried to the post, and that particular letter was put
in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and
was not returned through the Return Letter Office, are relevant.
15. Admission defined.
An admission is a statement, oral or documentary or contained in electronic form, which suggests any
inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the
circumstances, hereinafter mentioned.
16. Admission by party to proceeding or his agent.—
—(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court
regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are
admissions.
(2) Statements made by— (i) parties to suits suing or sued in a representative character, are not admissions,
unless they were made while the party making them held that character; or (ii) (a) persons who have any
proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their
character of persons so interested; or (b) persons from whom the parties to the suit have derived their
interest in the subject matter of the suit,
are admissions, if they are made during the continuance of the interest of the persons making the statements.
17. Admissions by persons whose position must be proved as against party to suit.—
Statements made by persons whose position or liability, it is necessary to prove as against any party to
the suit, are admissions, if such statements would be relevant as against such persons in relation to such
position or liability in a suit brought by or against them, and if they are made whilst the person making them
occupies such position or is subject to such liability.
Illustration.
A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was
due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if
A denies that C did owe rent to B
18. Admissions by persons expressly referred to by party to suit.—
whom a party to the suit has expressly referred for information in reference to a matter in dispute are
admissions.
Illustration
The question is, whether a horse sold by A to B is sound.
A says to B— “Go and ask C, C knows all about it”. C's statement is an admission.
19. Proof of admissions against persons making them, and by or on their behalf.
—Admissions are relevant and may be proved as against the person who makes them, or his representative in
interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in
interest, except in the following cases, namely:—
(1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if
the person making it were dead, it would be relevant as between third persons under section 26;
(2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the
existence of any state of mind or body, relevant or in issue, made at or about the time when such state of
mind or body existed, and is accompanied by conduct rendering its falsehood improbable;
(3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an
admission. Illustrations.
(3)(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is
genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a
statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor
can B prove a statement by himself that the deed is forged.
(3)(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was
taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing
observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out
of her proper course. A may prove these statements, because they would be admissible between third parties, if
he were dead, under clause (b) of section 26. 17
(3)(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated
at Chennai on that day, and bearing the Chennai 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 clause (b) of section 26.
(3)(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to
sell them below their value. A may prove these statements, though they are admissions, because they are
explanatory of conduct influenced by facts in issue.
(3)(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be
counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether
it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these
facts.
20. When oral admissions as to contents of documents are relevant.
—Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to
prove them shows that he is entitled to give secondary evidence of the contents of such document under the
rules hereinafter contained, or unless the genuineness of a document produced is in question
21. Admissions in civil cases when relevant.
—In civil cases no admission is relevant, if it is made either upon an express condition that evidence of
it is not to be given, or under circumstances from which the Court can infer that the parties agreed together
that evidence of it should not be given.
Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter
of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the
confession appears to the Court to have been caused by any inducement, threat, coercion or promise having
reference to the charge against the accused person, proceeding from a person in authority and sufficient, in
the opinion of the Court, to give the accused person grounds which would appear to him reasonable for
supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to
the proceedings against him:
Provided that if the confession is made after the impression caused by any such inducement, threat, coercion
or promise has, in the opinion of the Court, been fully removed, it is relevant:
Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because
it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for
the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need
not have answered, whatever may have been the form of those questions, or because he was not warned that he
was not bound to make such confession, and that evidence of it might be given against him.
23. Confession to police officer.
(1) No confession made to a police officer shall be proved as against a person accused of any
offence.
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the
immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information received from a person
accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to
a confession or not, as relates distinctly to the fact discovered, may be proved.
24. Consideration of proved confession affecting person making it and others jointly under trial for same
offence
When more persons than one are being tried jointly for the same offence, and a confession made by one of
such persons affecting himself and some other of such persons is proved, the Court may take into consideration
such confession as against such other person as well as against the person who makes such confession.
Explanation I.—“Offence”, as used in this section, includes the abetment of, or attempt to commit, the
offence.
Explanation II.—A trial of more persons than one held in the absence of the accused who has absconded or who
fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
shall be deemed to be a joint trial for the purpose of this section.
Illustrations.
(a) A and B are jointly tried for the murder of C. It is proved that A said—“B and I murdered C”. The Court
may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that
B said— “A and I murdered C”. This statement may not be taken into consideration by the Court against A, as B
is not being jointly tried.
25. Admissions not conclusive proof, but may estop
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the
provisions hereinafter contained.
26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
—Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or
who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay
or expense which under the circumstances of the case appears to the Court unreasonable, are themselves
relevant facts in the following cases, namely:—
(a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of
the transaction which resulted in his death, in cases in which the cause of that person's death comes into
question. Such statements are relevant whether the person who made them was or was not, at the time when they
were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of
his death comes into question;
(b) when the statement was made by such person in the ordinary course of business, and in particular when it
consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the
discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money,
goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of
the date of a letter or other document usually dated, written or signed by him;
(c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if
true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages;
(d) when the statement gives the opinion of any such person, as to the existence of any public right or custom
or matter of public or general interest, of the existence of which, if it existed, he would have been likely
to be aware, and when such statement was made before any controversy as to such right, custom or matter had
arisen;
(e) when the statement relates to the existence of any relationship by blood, marriage or adoption between
persons as to whose relationship by blood, marriage or adoption the person making the statement had special
means of knowledge, and when the statement was made before the question in dispute was raised;
(f) when the statement relates to the existence of any relationship by blood, marriage or adoption between
persons deceased, and is made in any will or deed relating to the affairs of the family to which any such
deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on
which such statements are usually made, and when such statement was made before the question in dispute was
raised;
(g) when the statement is contained in any deed, will or other document which relates to any such transaction
as is specified in clause (a) of section 11;
(h) when the statement was made by a number of persons, and expressed feelings or impressions on their part
relevant to the matter in question. 19
Illustrations.
(a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the
course of which she was raped. The question is whether she was raped by B; or the question is, whether A was
killed by B under such circumstances 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 actionable wrong under
consideration, are relevant facts.
(b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly kept in
the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a
relevant fact.
(c) The question is, whether A was in Nagpur on a given day. A statement in the diary of a deceased solicitor,
regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned,
in Nagpur, for the purpose of conferring with him upon specified business, is a relevant fact.
(d) The question is, whether a ship sailed from Mumbai harbour on a given day. A letter written by a deceased
member of a merchant's firm by which she was chartered to their correspondents in Chennai, to whom the cargo
was consigned, stating that the ship sailed on a given day from Mumbai port, is a relevant fact.
(e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to A,
saying that he had received the rent on A's account and held it at A's orders is a relevant fact.
(f) The question is, whether A and B were legally married. The statement of a deceased clergyman that he
married them under such circumstances that the celebration would be a crime is relevant.
(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a
letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship. A protest made by the captain, whose
attendance cannot be procured, is a relevant fact.
(i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the
village, that the road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain day in a particular market. A statement of the
price, made by a deceased business person in the ordinary course of his business, is a relevant fact.
(k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his son, is a
relevant fact.
(l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend,
announcing the birth of A on a given day, is a relevant fact.
(m) The question is, whether, and when, A and B were married. An entry in a memorandum book by C, the deceased
father of B, of his daughter's marriage with A on a given date, is a relevant fact.
(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the
similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points
may be proved.
27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
—Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it,
is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same
judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or
is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be
obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers
unreasonable:
Provided that the proceeding was between the same parties or their representatives in interest; that the
adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in
issue were substantially the same in the first as in the second proceeding.
Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the
accused within the meaning of this section.
28. Entries in books of account when relevant.
—Entries in the books of account, including those maintained in an electronic form, regularly kept in the
course of business are relevant whenever they refer to a matter into which the Court has to inquire, but such
statements shall not alone be sufficient evidence to charge any person with liability.
Illustration.
A sues B for one thousand rupees, and shows entries in his account books showing B to be indebted to him to
this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.
29. Relevancy of entry in public record or an electronic record made in performance of duty.
An entry in any public or other official book, register or record or an electronic record, stating a fact
in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other
person in performance of a duty specially enjoined by the law of the country in which such book, register or
record or an electronic record, is kept, is itself a relevant fact.
30. Relevancy of statements in maps, charts and plans
—Statements of facts in issue or relevant facts, made in published maps or charts generally offered for
public sale, or in maps or plans made under the authority of the Central Government or any State Government,
as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
—When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of
it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government
notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital
form purporting to be such Gazette, is a relevant fact.
32. Relevancy of statements as to any law contained in law books including electronic or digital form
—When the Court has to form an opinion as to a law of any country, any statement of such law contained in a
book purporting to be printed or published including in electronic or digital form under the authority of the
Government of such country and to contain any such law, and any report of a ruling of the Courts of such
country contained in a book including in electronic or digital form purporting to be a report of such rulings,
is relevant.
33. What evidence to be given when statement forms part of a conversation, document, electronic record, book
or series of letters or papers.
When any statement of which evidence is given forms part of a longer statement, or of a conversation or
part of an isolated document, or is contained in a document which forms part of a book, or is contained in
part of electronic record or of a connected series of letters or papers, evidence shall be given of so much
and no more of the statement, conversation, document, electronic record, book or series of letters or papers
as the Court considers necessary in that particular case to the full understanding of the nature and effect of
the statement, and of the circumstances under which it was made.
34. Previous judgments relevant to bar a second suit or trial.
—The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a
suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance
of such suit or to hold such trial.
35. Relevancy of certain judgments in probate, etc., jurisdiction.
—(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate,
matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal
character, or which declares any person to be entitled to any such character, or to be entitled to any
specific thing, not as against any specified person but absolutely, is relevant when the existence of any such
legal character, or the title of any such person to any such thing, is relevant.
(2) Such judgment, order or decree is conclusive proof that— (i) any legal character, which it confers accrued
at the time when such judgment, order or decree came into operation; (ii) any legal character, to which it
declares any such person to be entitled, accrued to that person at the time when such judgment, order or
decree declares it to have accrued to that person; (iii) any legal character which it takes away from any such
person ceased at the time from which such judgment, order or decree declared that it had ceased or should
cease; and (iv) anything to which it declares any person to be so entitled was the property of that person at
the time from which such judgment, order or decree declares that it had been or should be his property.
36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.
—Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to
matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive
proof of that which they state.
Illustration
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A
denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the
same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive
proof that the right of way exists.
37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant,
unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other
provision of this Adhiniyam.
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter
alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in
neither. A obtains a decree against C for damages on the ground that C failed to make out his justification.
The fact is irrelevant as between B and C.
(b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had
sold to him before his conviction. As between A and C, the judgment against B is irrelevant.
(c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The
existence of the judgment is relevant, as showing motive for a crime.
(d) A is charged with theft and with having been previously convicted of theft. The previous conviction is
relevant as a fact in issue.
(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and
sentenced is relevant under section 6 as showing the motive for the fact in issue.
38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
—Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant
under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not
competent to deliver it, or was obtained by fraud or collusion.
39. Opinions of experts.
—(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other
field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons
specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of
handwriting or finger impressions are relevant facts and such persons are called experts.
Illustrations.
(a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms
produced by the poison by which A is supposed to have died, are relevant.
(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind,
incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The
opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind,
and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which
they do, or of knowing that what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced which is proved
or admitted to have been written by A. The opinions of experts on the question whether the two documents were
written by the same person or by different persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to any information
transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the
Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of
2000), is a relevant fact.
Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
40. Facts bearing upon opinions of experts.
—Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of
experts, when such opinions are relevant.
Illustrations.
(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were
poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that
poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other
harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed
at about the same time, is relevant.
41. Opinion as to handwriting and signature, when relevant.
(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the
opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or
signed that it was or was not written or signed by that person, is a relevant fact.
Explanation: A person is said to be acquainted with the handwriting of another person when he has seen that
person write, or when he has received documents purporting to be written by that person 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 have been habitually submitted to him.
Illustration: The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is
a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written
by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B
habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The
opinions of B, C, and D on the question whether the letter is in the handwriting of A are relevant, though
neither B, C nor D ever saw A write.
(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the
Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.
42. Opinion as to existence of general custom or right, when relevant.
When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as
to the existence of such custom or right, of persons who would be likely to know of its existence if it
existed, are relevant.
Explanation: The expression 'general custom or right' includes customs or rights common to any considerable
class of persons.
Illustration: The right of the villagers of a particular village to use the water of a particular well is a
general right within the meaning of this section.
43. Opinion as to usages, tenets, etc., when relevant.
When the Court has to form an opinion as to:
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or
(iii) the meaning of words or terms used in particular districts or by particular classes of people,
the opinions of persons having special means of knowledge thereon are relevant facts.
44. Opinion on relationship, when relevant.
When the Court has to form an opinion as to the relationship of one person to another, the opinion,
expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family
or otherwise, has special means of knowledge on the subject, is a relevant fact.
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act,
1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
Illustrations:
(a) The question is, whether A and B were married. The fact that they were usually received and treated by
their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by
members of the family, is relevant.
45. Grounds of opinion, when relevant.
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also
relevant.
Illustration: An expert may give an account of experiments performed by him for the purpose of forming his
opinion.
46. In civil cases character to prove conduct imputed, irrelevant.
In civil cases the fact that the character of any person concerned is such as to render probable or
improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts
otherwise relevant.
47. In criminal cases previous good character relevant.
In criminal proceedings the fact that the person accused is of a good character, is relevant.
48. Evidence of character or previous sexual experience not relevant in certain cases.
In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section
69, section 70, section 71, section 74, section 75, section 76, section 77, or section 78 of the Bharatiya
Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue,
evidence of the character of the victim or of such person’s previous sexual experience with any person shall
not be relevant on the issue of such consent or the quality of consent.
49. Previous bad character not relevant, except in reply.
In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has
been given that he has a good character, in which case it becomes relevant.
Explanation 1: This section does not apply to cases in which the bad character of any person is itself a fact
in issue.
Explanation 2: A previous conviction is relevant as evidence of bad character.
50. Character as affecting damages.
In civil cases, the fact that the character of any person is such as to affect the amount of damages which
he ought to receive, is relevant.
Explanation: In this section and sections 46, 47, and 49, the word 'character' includes both reputation and
disposition; but, except as provided in section 49, evidence may be given only of general reputation and
general disposition, and not of particular acts by which reputation or disposition has been shown.
CHAPTER V - OF DOCUMENTARY EVIDENCE
56. Proof of contents of documents.
The contents of documents may be proved either by primary or by secondary evidence.
57. Primary evidence.
Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the
document.
Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of
the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 3.—Where a number of documents are all made by one uniform process, as in the case of printing,
lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all
copies of a common original, they are not primary evidence of the contents of the original.
Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs
simultaneously or sequentially in multiple files, each such file is primary evidence.
Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and
digital record is primary evidence unless it is disputed.
Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or
broadcast or transferred to another, each of the stored recordings is primary evidence.
Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a computer
resource, each such automated storage, including temporary files, is primary evidence.
Illustration: A person is shown to have been in possession of a number of placards, all printed at one time
from one original. Any one of the placards is primary evidence of the contents of any other, but no one of
them is primary evidence of the contents of the original.
58. Secondary evidence.
Secondary evidence includes—
(i) certified copies given under the provisions hereinafter contained;
(ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the
copy, and copies compared with such copies;
(iii) copies made from or compared with the original;
(iv) counterparts of documents as against the parties who did not execute them;
(v) oral accounts of the contents of a document given by some person who has himself seen it;
(vi) oral admissions;
(vii) written admissions;
(viii) evidence of a person who has examined a document, the original of which consists of numerous accounts
or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of
such documents.
Illustrations:
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared,
if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of
the letter, if it is shown that the copy made by the copying machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the
copy not so compared is not secondary evidence of the original, although the copy from which it was
transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or
machine-copy of the original, is secondary evidence of the original.
59. Proof of documents by primary evidence.
Documents shall be proved by primary evidence except in the cases hereinafter mentioned.
60. Cases in which secondary evidence relating to documents may be given.
Secondary evidence may be given of the existence, condition, or contents of a document in the following
cases, namely:
(a) when the original is shown or appears to be in the possession or power:
(a)(i) of the person against whom the document is sought to be proved;
(a)(ii) of any person out of reach of, or not subject to, the process of the Court;
(a)(iii) of any person legally bound to produce it, and when, after the notice mentioned in section 64 such
person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing by
the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot,
for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other
law in force in India to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined
in Court, and the fact to be proved is the general result of the whole collection.
Explanation:
(i) For clauses (a), (c), and (d), any secondary evidence of the contents of the document is admissible;
(ii) For clause (b), the written admission is admissible;
(iii) For clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is
admissible;
(iv) For clause (g), evidence may be given as to the general result of the documents by any person who has
examined them, and who is skilled in the examination of such document.
61. Electronic or digital record.
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the
evidence on the ground that it is an electronic or digital record and such record shall, subject to section
63, have the same legal effect, validity and enforceability as other documents.
62. Special provisions as to evidence relating to electronic record.
The contents of electronic records may be proved in accordance with the provisions of section 63.
63. Admissibility of electronic records.
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record
which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory
which is produced by a computer or any communication device or otherwise stored, recorded or copied in any
electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the
conditions mentioned in this section are satisfied in relation to the information and computer in question and
shall be admissible in any proceedings, without further proof or production of the original, as evidence or
any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following,
namely:
(2)(a) the computer output containing the information was produced by the computer or communication device
during the period over which the computer or communication device was used regularly to create, store or
process information for the purposes of any activity regularly carried on over that period by the person
having lawful control over the use of the computer or communication device;
(2)(b) during the said period, information of the kind contained in the electronic record or of the kind from
which the information so contained is derived was regularly fed into the computer or communication device in
the ordinary course of the said activities;
(2)(c) throughout the material part of the said period, the computer or communication device was operating
properly or, if not, then in respect of any period in which it was not operating properly or was out of
operation during that part of the period, was not such as to affect the electronic record or the accuracy of
its contents;
(2)(d) the information contained in the electronic record reproduces or is derived from such information fed
into the computer or communication device in the ordinary course of the said activities.
(3) Where over any period, the function of creating, storing or processing information for the purposes of any
activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly
performed by means of one or more computers or communication devices, whether:
(3)(a) in standalone mode;
(3)(b) on a computer system;
(3)(c) on a computer network;
(3)(d) on a computer resource enabling information creation or providing information processing and storage;
or
(3)(e) through an intermediary,
all the computers or communication devices used for that purpose during that period shall be treated for the
purposes of this section as constituting a single computer or communication device; and references in this
section to a computer or communication device shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a
certificate doing any of the following things shall be submitted along with the electronic record at each
instance where it is being submitted for admission, namely:
(4)(a) identifying the electronic record containing the statement and describing the manner in which it was
produced;
(4)(b) giving such particulars of any device involved in the production of that electronic record as may be
appropriate for the purpose of showing that the electronic record was produced by a computer or a
communication device referred to in clauses (a) to (e) of sub-section (3);
(4)(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and
purporting to be signed by a person in charge of the computer or communication device or the management of the
relevant activities (whichever is appropriate), and an expert shall be evidence of any matter stated in the
certificate.
(5) For the purposes of this section:
(5)(a) information shall be taken to be supplied to a computer or communication device if it is supplied
thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention)
by means of any appropriate equipment;
(5)(b) a computer output shall be taken to have been produced by a computer or communication device whether it
was produced by it directly or (with or without human intervention) by means of any appropriate equipment or
by other electronic means as referred to in clauses (a) to (e) of sub-section (3).
64. Rules as to notice to produce.
Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be
given unless the party proposing to give such secondary evidence has previously given to the party in whose
possession or power the document is, or to his advocate or representative, such notice to produce it as is
prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable
under the circumstances of the case.
Provided that such notice shall not be required in order to render secondary evidence admissible in any of the
following cases, or in any other case in which the Court thinks fit to dispense with it:
(a) when the document to be proved is itself a notice;
(b) when, from the nature of the case, the adverse party must know that he will be required to produce
it;
(c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or
force;
(d) when the adverse party or his agent has the original in Court;
(e) when the adverse party or his agent has admitted the loss of the document;
(f) when the person in possession of the document is out of reach of, or not subject to, the process of the
Court.
65. Proof of signature and handwriting of person alleged to have signed or written document produced.
If a document is alleged to be signed or to have been written wholly or in part by any person, the
signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must
be proved to be in his handwriting.
66. Proof as to electronic signature.
Except in the case of a secure electronic signature, if the electronic signature of any subscriber is
alleged to have been affixed to an electronic record, the fact that such electronic signature is the
electronic signature of the subscriber must be proved.
67. Proof of execution of document required by law to be attested.
If a document is required by law to be attested, it shall not be used as evidence until one attesting
witness at least has been called for the purpose of proving its execution, if there be an attesting witness
alive, and subject to the process of the Court and capable of giving evidence.
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any
document, not being a will, which has been registered in accordance with the provisions of the Indian
Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been
executed is specifically denied.
68. Proof where no attesting witness found.
If no such attesting witness can be found, it must be proved that the attestation of one attesting witness
at least is in his handwriting, and that the signature of the person executing the document is in the
handwriting of that person.
69. Admission of execution by party to attested document.
The admission of a party to an attested document of its execution by himself shall be sufficient proof of
its execution as against him, though it be a document required by law to be attested.
70. Proof when attesting witness denies execution.
If the attesting witness denies or does not recollect the execution of the document, its execution may be
proved by other evidence.
71. Proof of document not required by law to be attested.
An attested document not required by law to be attested may be proved as if it was unattested.
72. Comparison of signature, writing or seal with others admitted or proved.
(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to
have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court
to have been written or made by that person may be compared with the one which is to be proved, although that
signature, writing or seal has not been produced or proved for any other purpose.
(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling
the Court to compare the words or figures so written with any words or figures alleged to have been written by
such person.
(3) This section applies also, with any necessary modifications, to finger impressions.
73. Proof as to verification of digital signature.
In order to ascertain whether a digital signature is that of the person by whom it purports to have been
affixed, the Court may direct:
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature
Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and verify the
digital signature purported to have been affixed by that person.
74. Public and private documents.
(1) The following documents are public documents:
(1)(a) documents forming the acts, or records of the acts:
(1)(a)(i) of the sovereign authority;
(1)(a)(ii) of official bodies and tribunals; and
(1)(a)(iii) of public officers, legislative, judicial and executive of India or of a foreign country;
(1)(b) public records kept in any State or Union territory of private documents.
(2) All other documents except the documents referred to in sub-section (1) are private.
75. Certified copies of public documents.
Every public officer having the custody of a public document, which any person has a right to inspect,
shall give that person on demand a copy of it on payment of the legal fees therefor, together with a
certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the
case may be, and such certificate shall be dated and subscribed by such officer with his name and his official
title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies
so certified shall be called certified copies.
Explanation: Any officer who, by the ordinary course of official duty, is authorised to deliver such copies,
shall be deemed to have the custody of such documents within the meaning of this section.
76. Proof of documents by production of certified copies.
Such certified copies may be produced in proof of the contents of the public documents or parts of the
public documents of which they purport to be copies.
77. Proof of other official documents.
The following public documents may be proved as follows:
(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any
State Government or any Department of any State Government or Union territory Administration:
(a)(i) by the records of the Departments, certified by the head of those Departments respectively; or
(a)(ii) by any document purporting to be printed by order of any such Government;
(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by
published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
(c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the
Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official
Gazette;
(d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals
published by their authority, or commonly received in that country as such, or by a copy certified under the
seal of the country or sovereign, or by a recognition thereof in any Central Act;
(e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the
legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(f) public documents of any other class in a foreign country, by the original or by a copy certified by the
legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or
diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and
upon proof of the character of the document according to the law of the foreign country.
78. Presumption as to genuineness of certified copies.
(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or
other document, which is by law declared to be admissible as evidence of any particular fact and which
purports to be duly certified by any officer of the Central Government or of a State Government.
Provided that such document is substantially in the form and purports to be executed in the manner directed by
law in that behalf.
(2) The Court shall also presume that any officer by whom any such document purports to be signed or
certified, held, when he signed it, the official character which he claims in such paper.
79. Presumption as to documents produced as record of evidence, etc.
Whenever any document is produced before any Court, purporting to be a record or memorandum of the
evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer
authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person,
taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer
as aforesaid, the Court shall presume that:
(i) the document is genuine;
(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person
signing it, are true; and
(iii) such evidence, statement or confession was duly taken.
80. Presumption as to Gazettes, newspapers, and other documents.
The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a
newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any
person, if such document is kept substantially in the form required by law and is produced from proper
custody.
Explanation: For the purposes of this section and section 92, a document is said to be in proper custody if it
is in the place in which, and looked after by the person with whom such document is required to be kept; but
no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the
particular case are such as to render that origin probable.
81. Presumption as to Gazettes in electronic or digital record.
The Court shall presume the genuineness of every electronic or digital record purporting to be the Official
Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if
such electronic or digital record is kept substantially in the form required by law and is produced from
proper custody.
Explanation: For the purposes of this section and section 93, electronic records are said to be in proper
custody if they are in the place in which, and looked after by the person with whom such document is required
to be kept; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances
of the particular case are such as to render that origin probable.
82. Presumption as to maps or plans made by authority of Government.
The Court shall presume that maps or plans purporting to be made by the authority of the Central Government
or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause
must be proved to be accurate.
83. Presumption as to collections of laws and reports of decisions.
The Court shall presume the genuineness of every book purporting to be printed or published under the
authority of the Government of any country, and to contain any of the laws of that country, and of every book
purporting to contain reports of decisions of the Courts of such country.
84. Presumption as to powers-of-attorney.
The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed
before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul,
or representative of the Central Government, was so executed and authenticated.
85. Presumption as to electronic agreements.
The Court shall presume that every electronic record purporting to be an agreement containing the
electronic or digital signature of the parties was so concluded by affixing the electronic or digital
signature of the parties.
86. Presumption as to electronic records and electronic signatures.
(1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is
proved, that the secure electronic record has not been altered since the specific point of time to which the
secure status relates.
(2) In any proceeding, involving secure electronic signature, the Court shall presume unless the contrary is
proved that:
(2)(a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the
electronic record;
(2)(b) except in the case of a secure electronic record or a secure electronic signature, nothing in this
section shall create any presumption relating to authenticity and integrity of the electronic record or any
electronic signature.
87. Presumption as to Electronic Signature Certificates.
The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature
Certificate is correct, except for information specified as subscriber information which has not been
verified, if the certificate was accepted by the subscriber.
88. Presumption as to certified copies of foreign judicial records.
(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any
country beyond India is genuine and accurate, if the document purports to be certified in any manner which is
certified by any representative of the Central Government in or for such country to be the manner commonly in
use in that country for the certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India, is a Political Agent therefor, as
defined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of
this section, be deemed to be a representative of the Central Government in and for the country comprising
that territory or place.
89. Presumption as to books, maps and charts.
The Court may presume that any book to which it may refer for information on matters of public or general
interest, and that any published map or chart, the statements of which are relevant facts, and which is
produced for its inspection, was written and published by the person, and at the time and place, by whom or at
which it purports to have been written or published.
90. Presumption as to electronic messages.
The Court may presume that an electronic message, forwarded by the originator through an electronic mail
server to the addressee to whom the message purports to be addressed corresponds with the message as fed into
his computer for transmission; but the Court shall not make any presumption as to the person by whom such
message was sent.
91. Presumption as to due execution, etc., of documents not produced.
The Court shall presume that every document, called for and not produced after notice to produce, was
attested, stamped, and executed in the manner required by law.
92. Presumption as to documents thirty years old.
Where any document, purporting or proved to be thirty years old, is produced from any custody which the
Court in the particular case considers proper, the Court may presume that the signature and every other part
of such document, which purports to be in the handwriting of any particular person, is in that person’s
handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by
the persons by whom it purports to be executed and attested.
Explanation: The Explanation to section 80 shall also apply to this section.
Illustrations:
(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating
to the land showing his title to it. The custody shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession.
The custody shall be proper.
(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by
B for safe custody. The custody shall be proper.
93. Presumption as to electronic records five years old.
Where any electronic record, purporting or proved to be five years old, is produced from any custody which
the Court in the particular case considers proper, the Court may presume that the electronic signature which
purports to be the electronic signature of any particular person was so affixed by him or any person
authorised by him in this behalf.
Explanation: The Explanation to section 81 shall also apply to this section.
CHAPTER VII - OF THE BURDEN OF PROOF
104. Burden of proof.
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of
facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of
any fact, it is said that the burden of proof lies on that person.
Illustrations:
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A
must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason
of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
105. On whom burden of proof lies.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were
given on either side.
Illustrations:
(a) A sues 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 evidence were given on either side, B would be entitled to retain his possession. Therefore,
the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained
by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not
disputed and the fraud is not proved. Therefore, the burden of proof is on B.
106. Burden of proof as to particular fact.
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its
existence, unless it is provided by any law that the proof of that fact shall lie on any particular
person.
Illustration:
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the
admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
107. Burden of proving fact to be proved to make evidence admissible.
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any
other fact is on the person who wishes to give such evidence.
Illustrations:
(a) A wishes to prove a dying declaration by B. A must prove B's death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document
has been lost.
108. Burden of proving that case of accused comes within exceptions.
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the
case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception
or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him,
and the Court shall presume the absence of such circumstances.
Illustrations:
(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the
act. The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of
self-control. The burden of proof is on A.
(c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by
sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments. A
is charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances
bringing the case under sub-section (2) of section 122 lies on A.
109. Burden of proving fact especially within knowledge.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon
him.
Illustrations:
(a) When a person does an act with some intention other than that which the character and circumstances of the
act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is
on him.
110. Burden of proving death of person known to have been alive within thirty years.
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years,
the burden of proving that he is dead is on the person who affirms it.
111. Burden of proving that person is alive who has not been heard of for seven years.
When the question is whether a man is alive or dead, and it is proved that he has not been heard of for
seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he
is alive is shifted to the person who affirms it.
112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has
been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to
stand, to each other in those relationships respectively, is on the person who affirms it.
113. Burden of proof as to ownership.
When the question is whether any person is owner of anything of which he is shown to be in possession, the
burden of proving that he is not the owner is on the person who affirms that he is not the owner.
114. Proof of good faith in transactions where one party is in relation of active confidence.
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the
other in a position of active confidence, the burden of proving the good faith of the transaction is on the
party who is in a position of active confidence.
Illustrations:
(a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The
burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the
son. The burden of proving the good faith of the transaction is on the father.
115. Presumption as to certain offences.
(1) Where a person is accused of having committed any offence specified in sub-section (2), in:
(1)(a) any area declared to be a disturbed area under any enactment for the time being in force, making
provision for the suppression of disorder and restoration and maintenance of public order; or
(1)(b) any area in which there has been, over a period of more than one month, extensive disturbance of the
public peace,
and it is shown that such person had been at a place in such area at a time when firearms or explosives were
used at or from that place to attack or resist the members of any armed forces or the forces charged with the
maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary
is shown, that such person had committed such offence.
(2) The offences referred to in sub-section (1) are the following, namely:
(2)(a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita,
2023;
(2)(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150
of the Bharatiya Nyaya Sanhita, 2023.
116. Birth during marriage, conclusive proof of legitimacy.
The fact that any person was born during the continuance of a valid marriage between his mother and any
man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be
conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the
marriage had no access to each other at any time when he could have been begotten.
117. Presumption as to abetment of suicide by a married woman.
When the question is whether the commission of suicide by a woman had been abetted by her husband or any
relative of her husband and it is shown that she had committed suicide within a period of seven years from the
date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the
Court may presume, having regard to all the other circumstances of the case, that such suicide had been
abetted by her husband or by such relative of her husband.
Explanation: For the purposes of this section, 'cruelty' shall have the same meaning as in section 86 of the
Bharatiya Nyaya Sanhita, 2023.
118. Presumption as to dowry death.
When the question is whether a person has committed the dowry death of a woman and it is shown that soon
before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection
with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Explanation: For the purposes of this section, 'dowry death' shall have the same meaning as in section 80 of
the Bharatiya Nyaya Sanhita, 2023.
119. Court may presume existence of certain facts.
(1) The Court may presume the existence of any fact which it thinks likely to have happened, regard being
had to the common course of natural events, human conduct, and public and private business, in their relation
to the facts of the particular case.
Illustrations:
(a) A man who is in possession of stolen goods soon after the theft is either the thief or has received the
goods knowing them to be stolen, unless he can account for his possession.
(b) An accomplice is unworthy of credit, unless he is corroborated in material particulars.
(c) A bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration.
(d) A thing or state of things which has been shown to be in existence within a period shorter than that
within which such things or state of things usually cease to exist, is still in existence.
(e) Judicial and official acts have been regularly performed.
(f) The common course of business has been followed in particular cases.
(g) Evidence which could be and is not produced would, if produced, be unfavourable to the person who
withholds it.
(h) If a man refuses to answer a question which he is not compelled to answer by law, the answer, if given,
would be unfavourable to him.
(i) When a document creating an obligation is in the hands of the obligor, the obligation has been
discharged.
(2) The Court shall also have regard to such facts as the following, in considering whether such maxims do or
do not apply to the particular case before it:
(2)(i) As to Illustration (a): A shop-keeper has in his bill a marked rupee soon after it was stolen, and
cannot account for its possession specifically, but is continually receiving rupees in the course of his
business.
(2)(ii) As to Illustration (b): A, a person of the highest character, is tried for causing a man's death by an
act of negligence in arranging certain machinery. B, a person of equally good character, who also took part in
the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and
himself.
(2)(iii) As to Illustration (b): A crime is committed by several persons. A, B, and C, three of the criminals,
are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and
the accounts corroborate each other in such a manner as to render previous concert highly improbable.
(2)(iv) As to Illustration (c): A, the drawer of a bill of exchange, was a man of business. B, the acceptor,
was a young and ignorant person, completely under A's influence.
(2)(v) As to Illustration (d): It is proved that a river ran in a certain course five years ago, but it is
known that there have been floods since that time which might change its course.
(2)(vi) As to Illustration (e): A judicial act, the regularity of which is in question, was performed under
exceptional circumstances.
(2)(vii) As to Illustration (f): The question is, whether a letter was received. It is shown to have been
posted, but the usual course of the post was interrupted by disturbances.
(2)(viii) As to Illustration (g): A man refuses to produce a document which would bear on a contract of small
importance on which he is sued, but which might also injure the feelings and reputation of his family.
(2)(ix) As to Illustration (h): A man refuses to answer a question which he is not compelled by law to answer,
but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is
asked.
(2)(x) As to Illustration (i): A bond is in possession of the obligor, but the circumstances of the case are
such that he may have stolen it.
120. Presumption as to absence of consent in certain prosecution for rape.
In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where
sexual intercourse by the accused is proved and the question is whether it was without the consent of the
woman alleged to have been raped and such woman states in her evidence before the Court that she did not
consent, the Court shall presume that she did not consent.
Explanation: In this section, 'sexual intercourse' shall mean any of the acts mentioned in section 63 of the
Bharatiya Nyaya Sanhita, 2023.
CHAPTER IX - OF WITNESSES
124. Who may testify.
All persons shall be competent to testify unless the Court considers that they are prevented from
understanding the questions put to them, or from giving rational answers to those questions, by tender years,
extreme old age, disease, whether of body or mind, or any other cause of the same kind.
Explanation: A person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness
of mind from understanding the questions put to him and giving rational answers to them.
125. Witness unable to communicate verbally.
A witness who is unable to speak may give his evidence in any other manner in which he can make it
intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court and
evidence so given shall be deemed to be oral evidence.
Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an
interpreter or a special educator in recording the statement, and such statement shall be videographed.
126. Competency of husband and wife as witnesses in certain cases.
(1) In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit,
shall be competent witnesses.
(2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a
competent witness.
127. Judges and Magistrates.
No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be
compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything
which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters
which occurred in his presence whilst he was so acting.
Illustrations:
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the
Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior
Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot
be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to murder a police officer whilst on his trial
before B, a Sessions Judge. B may be examined as to what occurred.
128. Communications during marriage.
No person who is or has been married, shall be compelled to disclose any communication made to him during
marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such
communication, unless the person who made it, or his representative in interest, consents, except in suits
between married persons, or proceedings in which one married person is prosecuted for any crime committed
against the other.
129. Evidence as to affairs of State.
No one shall be permitted to give any evidence derived from unpublished official records relating to any
affairs of State, except with the permission of the officer at the head of the department concerned, who shall
give or withhold such permission as he thinks fit.
130. Official communications.
No public officer shall be compelled to disclose communications made to him in official confidence, when he
considers that the public interests would suffer by the disclosure.
131. Information as to commission of offences.
No Magistrate or police officer shall be compelled to say when he got any information as to the commission
of any offence, and no revenue officer shall be compelled to say when he got any information as to the
commission of any offence against the public revenue.
Explanation: 'Revenue officer' means any officer employed in or about the business of any branch of the public
revenue.
132. Professional communications.
(1) No advocate shall at any time be permitted, unless with his client’s express consent, to disclose any
communication made to him in the course and for the purpose of his service as such advocate, by or on behalf
of his client, or to state the contents or condition of any document with which he has become acquainted in
the course and for the purpose of his professional service, or to disclose any advice given by him to his
client in the course and for the purpose of such service.
Provided that nothing in this section shall protect from disclosure of:
(a) any such communication made in furtherance of any illegal purpose;
(b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud
has been committed since the commencement of his service.
(2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1) was
or was not directed to such fact by or on behalf of his client.
Explanation: The obligation stated in this section continues after the professional service has ceased.
Illustrations:
(a) A, a client, says to B, an advocate— 'I have committed forgery, and I wish you to defend me'. As the
defence of a man known to be guilty is not a criminal purpose, this communication is protected from
disclosure.
(b) A, a client, says to B, an advocate— 'I wish to obtain possession of property by the use of a forged deed
on which I request you to sue'. This communication, being made in furtherance of a criminal purpose, is not
protected from disclosure.
(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the
proceedings, B observes that an entry has been made in A’s account book, charging A with the sum said to have
been embezzled, which entry was not in the book at the commencement of his professional service. This being a
fact observed by B in the course of his service, showing that a fraud has been committed since the
commencement of the proceedings, it is not protected from disclosure.
(3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates.
133. Privilege not waived by volunteering evidence.
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to
have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or
proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only
if he questions such advocate, on matters which, but for such question, he would not be at liberty to
disclose.
134. Confidential communication with legal advisers.
No one shall be compelled to disclose to the Court any confidential communication which has taken place
between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to
disclose any such communications as may appear to the Court necessary to be known in order to explain any
evidence which he has given, but no others.
135. Production of title-deeds of witness not a party.
No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or
any document in virtue of which he holds any property as pledgee or mortgagee or any document the production
of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking
the production of such deeds or some person through whom he claims.
136. Production of documents or electronic records which another person, having possession, could refuse to
produce.
No one shall be compelled to produce documents in his possession or electronic records under his control,
which any other person would be entitled to refuse to produce if they were in his possession or control,
unless such last-mentioned person consents to their production.
137. Witness not excused from answering on ground that answer will criminate.
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue
in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will
criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend
directly or indirectly to expose, such witness to a penalty or forfeiture of any kind.
Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or
prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false
evidence by such answer.
138. Accomplice.
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it
proceeds upon the corroborated testimony of an accomplice.
139. Number of witnesses.
No particular number of witnesses shall in any case be required for the proof of any fact.
CHAPTER X - OF EXAMINATION OF WITNESSES
140. Order of production and examination of witnesses.
The order in which witnesses are produced and examined shall be regulated by the law and practice for the
time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the
discretion of the Court.
141. Judge to decide as to admissibility of evidence.
(1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give
the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the
evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
(2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other
fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned, unless the
party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.
(3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may,
in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or
require evidence to be given of the second fact before evidence is given of the first fact.
Illustrations:
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement
is relevant under section 26. The fact that the person is dead must be proved by the person proposing to prove
the statement, before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original
is lost must be proved by the person proposing to produce the copy, before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he
denied the possession of the property. The relevancy of the denial depends on the identity of the property.
The Court may, in its discretion, either require the property to be identified before the denial of the
possession is proved, or permit the denial of the possession to be proved before the property is
identified.
(d) It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue. There
are several intermediate facts B, C and D which must be shown to exist before the fact A can be regarded as
the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is
proved, or may require proof of B, C and D before permitting proof of A.
142. Examination of witnesses.
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination.
(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be
called his re-examination.
143. Order of examinations.
(1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then
(if the party calling him so desires) re-examined.
(2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination
need not be confined to the facts to which the witness testified on his examination-in-chief.
(3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and,
if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further
cross-examine upon that matter.
144. Cross-examination of person called to produce a document.
A person summoned to produce a document does not become a witness by the mere fact that he produces it, and
cannot be cross-examined unless and until he is called as a witness.
145. Witnesses to character.
Witnesses to character may be cross-examined and re-examined.
146. Leading questions.
(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called
a leading question.
(2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or
in a re-examination, except with the permission of the Court.
(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which
have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination.
147. Evidence as to matters in writing.
Any witness may be asked, while under examination, whether any contract, grant or other disposition of
property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or
if he is about to make any statement as to the contents of any document, which, in the opinion of the Court,
ought to be produced, the adverse party may object to such evidence being given until such document is
produced, or until facts have been proved which entitle the party who called the witness to give secondary
evidence of it.
Explanation: A witness may give oral evidence of statements made by other persons about the contents of
documents if such statements are in themselves relevant facts.
Illustration:
The question is, whether A assaulted B. C deposes that he heard A say to D— 'B wrote a letter accusing me of
theft, and I will be revenged on him'. This statement is relevant, as showing A's motive for the assault, and
evidence may be given of it, though no other evidence is given about the letter.
148. Cross-examination as to previous statements in writing.
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing,
and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is
intended to contradict him by the writing, his attention must, before the writing can be proved, be called to
those parts of it which are to be used for the purpose of contradicting him.
149. Questions lawful in cross-examination.
When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked
any questions which tend:
(a) to test his veracity; or
(b) to discover who he is and what is his position in life; or
(c) to shake his credit, by injuring his character, although the answer to such questions might tend directly
or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or
forfeiture.
Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section
68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any
such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to
put questions in the cross-examination of the victim as to the general immoral character, or previous sexual
experience, of such victim with any person for proving such consent or the quality of consent.
150. When witness to be compelled to answer.
If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137
shall apply thereto.
151. Court to decide when question shall be asked and when witness compelled to answer.
(1) If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it
affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness
shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer
it.
(2) In exercising its discretion, the Court shall have regard to the following considerations:
(2)(a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by
them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to
which he testifies;
(2)(b) such questions are improper if the imputation which they convey relates to matters so remote in time,
or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree,
the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(2)(c) such questions are improper if there is a great disproportion between the importance of the imputation
made against the witness's character and the importance of his evidence;
(2)(d) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the
answer if given would be unfavourable.
152. Question not to be asked without reasonable grounds.
No such question as is referred to in section 151 ought to be asked, unless the person asking it has
reasonable grounds for thinking that the imputation which it conveys is well-founded.
Illustrations:
(a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable
ground for asking the witness whether he is a dacoit.
(b) An advocate is informed by a person in Court that an important witness is a dacoit. The informant, on
being questioned by the advocate, gives satisfactory reasons for his statement. This is a reasonable ground
for asking the witness whether he is a dacoit.
(c) A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no
reasonable grounds for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living,
gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dacoit.
153. Procedure of Court in case of question being asked without reasonable grounds.
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was
asked by any advocate, report the circumstances of the case to the High Court or other authority to which such
advocate is subject in the exercise of his profession.
154. Indecent and scandalous questions.
The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such
questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in
issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.
155. Questions intended to insult or annoy.
The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though
proper in itself, appears to the Court needlessly offensive in form.
156. Exclusion of evidence to contradict answers to questions testing veracity.
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far
as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but,
if he answers falsely, he may afterwards be charged with giving false evidence.
Exception 1: If a witness is asked whether he has been previously convicted of any crime and denies it,
evidence may be given of his previous conviction.
Exception 2: If a witness is asked any question tending to impeach his impartiality, and answers it by denying
the facts suggested, he may be contradicted.
Illustrations:
(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a
former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did
make such a claim. The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it. Evidence is
offered to show that he was dismissed for dishonesty. The evidence is not admissible.
(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was not on that day at
Varanasi. He denies it. Evidence is offered to show that A was on that day at Varanasi. The evidence is
admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact
that B was seen on the day in question in Goa. In each of these cases, the witness might, if his denial was
false, be charged with giving false evidence.
(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives
evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his
impartiality.
157. Question by party to his own witness.
(1) The Court may, in its discretion, permit the person who calls a witness to put any question to him
which might be put in cross-examination by the adverse party.
(2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any
part of the evidence of such witness.
158. Impeaching credit of witness.
The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent
of the Court, by the party who calls him:
(a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be
unworthy of credit;
(b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other
corrupt inducement to give his evidence;
(c) by proof of former statements inconsistent with any part of his evidence which is liable to be
contradicted.
Explanation: A witness declaring another witness to be unworthy of credit may not, upon his
examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and
the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged
with giving false evidence.
Illustrations:
(a) A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B. Evidence
is offered to show that, on a previous occasion, he said that he had not delivered goods to B. The evidence is
admissible.
(b) A is accused of the murder of B. C says that B, when dying, declared that A had given B the wound of which
he died. Evidence is offered to show that, on a previous occasion, C said that B, when dying, did not declare
that A had given B the wound of which he died. The evidence is admissible.
159. Questions tending to corroborate evidence of relevant fact, admissible.
When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned
as to any other circumstances which he observed at or near to the time or place at which such relevant fact
occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of
the witness as to the relevant fact which he testifies.
Illustration:
A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents
unconnected with the robbery which occurred on his way to and from the place where it was committed.
Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery
itself.
160. Former statements of witness may be proved to corroborate later testimony as to same fact.
In order to corroborate the testimony of a witness, any former statement made by such witness relating to
the same fact, at or about the time when the fact took place, or before any authority legally competent to
investigate the fact, may be proved.
161. What matters may be proved in connection with proved statement relevant under section 26 or 27.
Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in
order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom
it was made, which might have been proved if that person had been called as a witness and had denied upon
cross-examination the truth of the matter suggested.
162. Refreshing memory.
(1) A witness may, while under examination, refresh his memory by referring to any writing made by himself
at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court
considers it likely that the transaction was at that time fresh in his memory.
Provided that the witness may also refer to any such writing made by any other person, and read by the witness
within the time aforesaid, if when he read it, he knew it to be correct.
(2) Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the
Court, refer to a copy of such document.
Provided that the Court be satisfied that there is sufficient reason for the non-production of the
original.
Provided further that an expert may refresh his memory by reference to professional treatises.
163. Testimony to facts stated in document mentioned in section 162.
A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although
he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded
in the document.
Illustration:
A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he
knows that the books were correctly kept, although he has forgotten the particular transactions entered.
164. Right of adverse party as to writing used to refresh memory.
Any writing referred to under the provisions of the two last preceding sections shall be produced and shown
to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
165. Production of documents.
(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court,
notwithstanding any objection which there may be to its production or to its admissibility.
Provided that the validity of any such objection shall be decided on by the Court.
(2) 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 its admissibility.
(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks
fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if
the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of
the Bharatiya Nyaya Sanhita, 2023.
Provided that no Court shall require any communication between the Ministers and the President of India to be
produced before it.
166. Giving, as evidence, of document called for and produced on notice.
When a party calls for a document which he has given the other party notice to produce, and such document
is produced and inspected by the party calling for its production, he is bound to give it as evidence if the
party producing it requires him to do so.
167. Using, as evidence, of document production of which was refused on notice.
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the
document as evidence without the consent of the other party or the order of the Court.
Illustration:
A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B
refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to
contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot
do so.
168. Judge’s power to put questions or order production.
The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers
necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the
production of any document or thing; and neither the parties nor their representatives shall be entitled to
make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any
witness upon any answer given in reply to any such question.
Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly
proved.
Provided further that this section shall not authorise any Judge to compel any witness to answer any question,
or to produce any document which such witness would be entitled to refuse to answer or produce under sections
127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party;
nor shall the Judge ask any question which it would be improper for any other person to ask under section 151
or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore
excepted.
