Evidence Act(CHAPTER 97)
Table of Contents
Long Title
Part I RELEVANCY OF FACTS
Preliminary
1 Short title
2 Application of Parts I, II and III
3 Interpretation
4 Presumptions
Relevancy of facts
5 Evidence may be given of facts in issue and relevant facts
6 Relevancy of facts forming part of same transaction
7 Facts which are the occasion, cause or effect of facts in issue
8 Motive, preparation and previous or subsequent conduct
9 Facts necessary to explain or introduce relevant facts
10 Things said or done by conspirator in reference to common design
11 When facts not otherwise relevant become relevant
12 In suits for damages facts tending to enable court to determine amount are relevant
13 Facts relevant when right or custom is in question
14 Facts showing existence of state of mind or of body or bodily feeling
15 Facts bearing on question whether act was accidental or intentional
16 Existence of course of business when relevant
Admissions and confessions
17 Admission and confession defined
18 Admission by party to proceeding or his agent, by suitor in representative character, etc.
19 Admissions by persons whose position must be proved as against party to suit
20 Admissions by persons expressly referred to by party to suit
21 Proof of admissions against persons making them and by or on their behalf
22 When oral admissions as to contents of documents are relevant
23 Admissions in civil cases when relevant
24 Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
25 Confession to police officer below the rank of sergeant not to be proved
26 Confession by accused while in custody of police not to be proved against him
27 How much of information received from accused may be proved
28 Confession made after removal of impression caused by inducement, threat or promise relevant
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30 Consideration of proved confession affecting person making it and others jointly under trial for same offence
31 Admissions not conclusive proof but may estop
32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
33 Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
Statements made under special circumstances
34 Entries in books of accounts when relevant
35 Evidence of computer output
36 Supplementary provisions to section 35
36A Rules for filing and receiving evidence and documents in court by using information technology
37 Relevancy of entry in public record made in performance of duty
38 Relevancy of statements in maps, charts and plans
39 Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications
40 Relevancy of statements as to any law contained in law books
How much of a statement is to be proved
41 What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers
Judgments of courts of justice when relevant
42 Previous judgments relevant to bar a second suit or trial
43 Relevancy of certain judgments in probate, etc., jurisdiction
44 Relevancy and effect of judgments, orders or decrees other than those mentioned in section 43
45 Judgments, etc., other than those mentioned in sections 42 to 44 when relevant
45A Relevance of convictions and acquittals
46 Fraud or collusion in obtaining judgment or incompetency of court may be proved
Opinions of third persons when relevant
47 Opinions of experts
48 Facts bearing upon opinions of experts
49 Opinion as to handwriting when relevant
50 Opinion as to existence of right or custom when relevant
51 Opinion as to usages, tenets, etc., when relevant
52 Opinion on relationship when relevant
53 Grounds of opinion when relevant
Character when relevant
54 In civil cases character to prove conduct imputed irrelevant
55 In criminal cases previous good character relevant
56 Admissibility of evidence and questions about accused’s disposition or reputation
57 Character as affecting damages
Part II PROOF
Facts which need not be proved
58 Fact judicially noticeable need not be proved
59 Facts of which court must take judicial notice
60 Facts admitted need not be proved
Oral evidence
61 Proof of facts by oral evidence
62 Oral evidence must be direct
62A Evidence through live video or live television links
Documentary evidence
63 Proof of contents of documents
64 Primary evidence
65 Secondary evidence
66 Proof of documents by primary evidence
67 Cases in which secondary evidence relating to documents may be given
68 Rules as to notice to produce
68A Manner of giving voluminous or complex evidence
69 Proof of signature and handwriting of person alleged to have signed or written document produced
70 Proof of execution of document required by law to be attested
71 Proof where no attesting witness found
72 Admission of execution by party to attested document
73 Proof when attesting witness denies the execution
74 Proof of document not required by law to be attested
75 Comparison of signature, writing or seal with others admitted or proved
Public documents
76 Public documents
77 Private documents
78 Certified copies of public documents
79 Proof of documents by production of certified copies
80 Proof of other official documents
80A Prints from films in the possession of the Government and statutory body
Presumptions as to documents
81 Presumption as to genuineness of certified copies
82 Presumption as to documents produced as record of evidence
83 Presumption as to Gazettes, newspapers and other documents
84 Presumption as to document admissible in England without proof of seal or signature
85 Presumption as to maps or plans made by authority of Government
86 Presumption as to collections of laws and reports of decisions
87 Presumption as to powers of attorney
88 Presumption as to certified copies of foreign judicial records
89 Presumption as to books, maps and charts
90 Presumption as to telegraphic messages
91 Presumption as to due execution, etc., of documents not produced
92 Presumption as to documents 30 years old
Exclusion of oral by documentary evidence
93 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
94 Exclusion of evidence of oral agreement
95 Exclusion of evidence to explain or amend ambiguous document
96 Exclusion of evidence against application of document to existing facts
97 Evidence as to document meaningless in reference to existing facts
98 Evidence as to application of language which can apply to one only of several persons
99 Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
100 Evidence as to meaning of illegible characters, etc
101 Who may give evidence of agreement varying terms of document
102 Construction of wills not affected by sections 93 to 101
Part III PRODUCTION AND EFFECT OF EVIDENCE
Burden of proof
103 Burden of proof
104 On whom burden of proof lies
105 Burden of proof as to particular fact
106 Burden of proving fact to be proved to make evidence admissible
107 Burden of proving that case of accused comes within exceptions
108 Burden of proving fact especially within knowledge
109 Burden of proving death of person known to have been alive within 30 years
110 Burden of proving that person is alive who has not been heard of for 7 years
111 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
112 Burden of proof as to ownership
113 Proof of good faith in transactions where one party is in relation of active confidence
114 Birth during marriage conclusive proof of legitimacy
115 (Repealed)
116 Court may presume existence of certain fact
Estoppel
117 Estoppel
118 Estoppel of tenant and of licensee of person in possession
119 Estoppel of bailee or licensee
Witnesses
120 Who may testify
121 Dumb witnesses
122 Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial
123 Judges and Magistrates
124 Communications during marriage
125 Evidence as to affairs of State
126 Official communications
127 Information as to commission of offences
128 Professional communications
129 Section 128 to apply to interpreters, etc.
130 Privilege not waived by volunteering evidence
131 Confidential communications with legal advisers
132 Production of title deeds of witness not a party
133 Production of documents which another person having possession could refuse to produce
134 Witness not excused from answering on ground that answer will criminate
135 Accomplice
136 Number of witnesses
Examination of witnesses
137 Order of production and examination of witnesses
138 Court to decide as to admissibility of evidence
139 Examination-in-chief, cross-examination and re-examination
140 Order of examinations and direction of re-examination
141 Cross-examination of person called to produce a document
142 Witnesses to character
143 Leading questions
144 When they must not be asked
145 When they may be asked
146 Evidence as to matters in writing
147 Cross-examination as to previous statements in writing
148 Questions lawful in cross-examination
149 When witness to be compelled to answer
150 Court to decide when question shall be asked and when witness compelled to answer
151 Question not to be asked without reasonable grounds
152 Procedure of court in case of question being asked without reasonable grounds
153 Indecent and scandalous questions
154 Questions intended to insult or annoy
155 Exclusion of evidence to contradict answers to questions testing veracity
156 Questions by party to his own witness
157 Impeaching credit of witness
158 Questions tending to corroborate evidence of relevant fact admissible
159 Former statements of witness may be proved to corroborate later testimony as to same fact
160 What matters may be proved in connection with proved statement relevant under section 32 or 33
161 Refreshing memory
162 Testimony to facts stated in document mentioned in section 161
163 Right of adverse party as to writing used to refresh memory
164 Production and translation of documents
165 Giving as evidence document called for and produced on notice
166 Using as evidence document production of which was refused on notice
167 Judge’s power to put questions or order production
168 Power of assessors to put questions
Improper admission and rejection of evidence
169 No new trial for improper admission or rejection of evidence
Part IV BANKERS’ BOOKS
170 Interpretation
171 Mode of proof of entries in bankers’ books
172 Proof that book is a banker’s book
173 Verification of copy
174 Production by, or appearance of, officer of bank
175 Court or Judge may order inspection
176 Costs
Legislative History