8.

1
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PART I: PRELIMINARY CHAPTER I PRELIMINARY

PART II: RELEVANCY OF FACTS CHAPTER II: RELEVANCY OF FACTS

PART III: ON PROOF CHAPTER III: FACTS WHICH NEED NOT BE PROVED CHAPTER
IV: OF ORAL EVIDENCE CHAPTER V: OF DOCUMENTARY EVIDENCE CHAPTER VI:
OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

PART IV: PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII: OF THE

BURDEN OF PROOF CHAPTER VIII: ESTOPPEL CHAPTER IX: OF WITNESSES
CHAPTER X: OF EXAMINATION OF WITNESSES CHAPTER XI: OF IMPROPER
ADMISSION AND REJECTION OF EVIDENCE CHAPTER XII: REPEAL AND SAVINGS
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Illustrations.

(i) That there are certain objects arranged in a certain order in a certain place, is a fact.
(ii) That a person heard or saw something, is a fact.
(iii) That a person said certain words, is a fact.
(iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or
fraudulently, or uses a particular word in a particular sense, or is or was at a specified time
conscious of a particular sensation, is a fact;

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.
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Illustration

A is accused of the murder of B. At his trial, the following facts may be in issue:—

(i) That A caused B's death.

(ii) That A intended to cause B's death.
(iii) That A had received grave and sudden provocation from B.
(iv) That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of
mind, incapable of knowing its nature;
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Details Sections

Closely connected facts Sections 4 to 14

Admissions Sections 15 to 25

Statements by persons who cannot be called as witnesses Sections 26 to 27

Statements made under special circumstances Sections 28 to 32

How much of a statement is to be proved Section 33

Judgments of Courts when relevant Sections 34 to 38

Opinions of third persons, when relevant Sections 39 to 45

Character when relevant Sections 46 to 50

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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.
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Illustrations

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. 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.
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Illustrations

The question is, whether a given document is the will of A. The state of A's property and of his family at
the date of the alleged will may be relevant facts. A sues B for inducing C to break a contract of service
made by him with A. C, on leaving A's service, says to A—“I am leaving you because B has made me a
better offer”. This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in
issue.

Illustration

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State.

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

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.
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Illustration

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

Illustration

A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the delivery
of the currency was accidental. The facts that, soon before or soon after the delivery to B, A delivered
counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not accidental.
 8.13

Illustration

(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.

Admissions and
confessions
Statements as to certain matters under certain
circumstances by persons who are not witnesses
Statements made under
special circumstances
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Person in Authority by (i) to a person in authority in consequence of some inducement,

inducement, threat or promise threat or promise held out by him in reference to the charge
against the accused;1 or

Police Officer (ii) to a Police Officer; or

In custody of police officer (iii) to any one at a time when the accused is in the custody of a
without the presence of Police Officer and no Magistrate is present.
magistrate

In section 24 [30 of IEA] - A new explanation II is Thus, a statement made by an

In section 22 [24 of IEA] - The
In section 23(2) [26 of IEA] - added, mentioning that "A trial of more persons accused person if it is an
word "coercion" has been added
Heading is dropped as the section than one held in the absence of the accused who admission, is admissible in
in 22. Section 28 IEA and Section
is included as a subsection. Word has absconded or who fails to comply with a evidence. The confession is
29 IEA are given as provisos to
"whilst" is replaced by "while" proclamation issued under Section 84 of the evidence only against its maker
Section 22 of the BSA. Heading is
and words "such person" are Bharatiya Nagarik Suraksha Sanhita, 2023, shall be and against another person who
dropped as sections are included
replaced by "him". deemed to be a joint trial for the purpose of this is being jointly tried with him for
as provisos.
section." an offence.

Section 24 is an exception to the general rule that confession is only an

evidence against the confessor and not against the others. The
confession made in front of magistrate recorded is admissible against
its maker is also admissible against co-accused under Section 24.
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Illustrations

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.
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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.

6. 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.

7. 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.

8. 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.

9. 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.

2. Statement relating to Course of Business: When

1. Statements relating to cause of death: When the
the statement was made by such person in the
statement is made by a person as to the cause of
ordinary course of business, and in particular when
his death, or as to any of the circumstances of the
it consists of any entry or memorandum made by
transaction which resulted in his death, in cases in 3. Statement against interest: When the statement
him in books kept in the ordinary course of
which the cause of that person's death comes into is against the pecuniary or proprietary interest of
business, or in the discharge of professional duty;
question. Such statements are relevant whether the person making it, or when, if true, it would
or of an acknowledgement written or signed by
the person who made them was or was not, at the expose him or would have exposed him to a
him of the receipt of money, goods, securities or
time when they were made, under expectation of criminal prosecution or to a suit for damages.
property of any kind; or of a document used in
death, and whatever may be the nature of the
commerce written or signed by him; or of the date
proceeding in which the cause of his death comes
of a letter or other document usually dated,
into question.
written or signed by him.

6. Statement relating to the existence of any

4. Statement relating to the opinion as to existence
relationship with deceased: When the statement
of Public Right, Custom or matter of Public or 5. Statement relating to the existence of any
relates to the existence of any relationship by
General Interest: when the statement gives the relationship: When the statement relates to the
blood, marriage or adoption between persons
opinion of any such person, as to the existence of existence of any relationship by blood, marriage or
deceased, and is made in any will or deed relating
any public right or custom or matter of public or adoption between persons as to whose
to the affairs of the family to which any such
general interest, of the existence of which, if it relationship by blood, marriage or adoption the
deceased person belonged, or in any family
existed, he would have been likely to be aware, person making the statement had special means of
pedigree, or upon any tombstone, family portrait
and when such statement was made before any knowledge, and when the statement was made
or other thing on which such statements are
controversy as to such right, custom or matter had before the question in dispute was raised.
usually made, and when such statement was made
arisen.
before the question in dispute was raised.

7. Statement in any deed, will or other document

relating to right or custom: When the statement is
8. Statement relating to expression feelings or
contained in any deed, will or other document
Impression: when the statement was made by a
which relates to any such transaction as is specified
number of persons, and expressed feelings or
in clause (a) of section 11 i.e. any transaction by
impressions on their part relevant to the matter in
which the right or custom in question was created,
question.
claimed, modified, recognised, asserted or denied,
or which was inconsistent with its existence.
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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.
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(a) 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.

(b) 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.

c) 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.

(d) 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.
(e) 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.
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•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.
•Illustration: The question is, whether a certain document was written by A. Another document is produced which is proved or
1. Opinions of admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the
experts (Section same person or by different persons, are relevant.
39): •Further, 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, is a relevant fact.

•acts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions
are relevant.
2. Facts bearing •Illustration: The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours
upon opinions of similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is
experts (Section relevant.
40):

•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
3. Opinion as to written or signed by that person, is a relevant fact. A person is said to be acquainted with the handwriting of another person
handwriting and when he has seen that person write, or when he has received documents purporting to be written by that person in answer to
signature, when documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business,
relevant (Section documents purporting to be written by that person have been habitually submitted to him.
41):

4. Opinion as to • 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
existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.
general custom or •The expression “general custom or right” includes customs or rights common to any considerable class of persons.
right, when
relevant (Section
42):

• When the Court has to form an opinion as to—

5. Opinion as to (i)the usages and tenets of any body of men or family;
usages, tenets, (ii)the constitution and governance of any religious or charitable foundation; or
etc., when (iii)the meaning of words or terms used in particular districts or by particular classes of people,
relevant (Section
43):

• 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
6. Opinion on knowledge on the subject, is a relevant fact:
relationship, •However, such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution
when relevant under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
(Section 44):

7. Grounds of • Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.
opinion, when
relevant (Section
45):
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(i) Evidence of a Judge or Magistrate (iv) Official communications (Section 130)

in regard to certain matters (Section
127)

(ii) Communications during marriage; (v) Source of information of a Magistrate or Police officer or
(Section 128) Revenue officer as to commission of an offence or crime
(Section1 131)

(iii) Evidence as to Affairs of State; (vi) Professional communication between a client and his
(Section 129) barrister, attorney or other professional or legal advisor
(Sections 132(1)2 & (2) and 134).
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Oral Evidences Direct Evidence Documentary Evidences

•All facts, except the contents of •In Section 55 of the BSA, expression •According to section 2(1)(d) “document”
documents may be proved by oral “oral evidence” has an altogether means any matter expressed or
evidence (Section 54). The contents of different meaning. It is used in the sense described or otherwise recorded upon
documents may be proved either by of “original evidence” as distinguished any substance by means of letters,
primary or by secondary evidence from “hearsay” evidence and it is not figures or marks or any other means or
(Section 55). Thus, the two broad rules used in contradiction to “circumstantial” by more than one of those means,
regarding oral evidence are: or “presumptive evidence”. According intended to be used, or which may be
(i)All facts except the contents of to Section 55 oral evidence must in all used, for the purpose of recording that
documents may be proved by oral cases whatever, be direct; that is to say: matter and includes electronic and
evidence; •— if it refers to a fact which could be digital records.
(ii)Oral evidence must in all cases be seen, it must be the evidence of a •And according to section 56, the
“direct”. witness who says he saw it; contents of documents may be proved
•Oral evidence means statements which •— if it refers to a fact which could be either by primary or by secondary
the Court permits or requires to be heard, it must be the evidence of a evidence.
made before it by witnesses in relation witness who says he heard it; •So, the documentary evidences can
to matters of fact under inquiry. But, if a •— if it refers to a fact which could be further be classified in two ways i.e.
witness is unable to speak he may give perceived by any other sense or in any Primary or Secondary.
his evidence in any manner in which he other manner, it must be the evidence
can make it intelligible as by writing or of a witness who says he perceived it by
by signs. (Section 125) that sense or in that manner;
•— if it refers to an opinion or to the
grounds on which that opinion is held, it
must be the evidence of the person who
holds that opinion on those grounds.
•However, the opinions of experts
expressed in any treatise commonly
offered for sale, and the grounds on
which such opinions are held, may be
proved by the production of such
treatises if the author is dead or cannot
be found, or has become incapable of
giving evidence, or cannot be called as a
witness without an amount of delay or
expense which the Court regards as
unreasonable:
•Further, if oral evidence refers to the
existence or condition of any material
thing other than a document, the Court
may, if it thinks fit, require the
production of such material thing for its
inspection.
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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.
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