Short title, commencement.

Definitions.

― May Presume. ―Shall presume. ―Conclusive proof. OF FACTS RELEVANCY OF FACTS

Evidence may be given of facts in 5. Evidence may be given of facts in issue and relevant facts. Closely connected facts

Relevancy of facts forming part of 6. Relevancy of facts forming part of same transaction.

Facts which are occasion, cause or 7. Facts which are the occasion, cause effect of facts in issue or relevant or effect of facts in issue. facts.

Motive, preparation and previous or 8. Motive, preparation and previous or subsequent conduct.

Facts necessary to explain or 9. Facts necessary to introduce fact in issue or relevant introduce relevant facts. facts.

Things said or done by conspirator 10. Things said or done by conspirator in reference to common design.

When facts not otherwise relevant 11. When facts not otherwise relevant become relevant.

Facts tending to enable Court to 12. In suits for damages, facts tending determine amount are relevant in to enable Court to determine amount suits for damages.

Facts relevant when right or 13. Facts relevant when right or custom is in question.

Facts showing existence of state of 14. Facts showing existence of state of mind, or of body or bodily feeling.

Facts bearing on question whether 15. Facts bearing on question whether act was accidental or intentional.

Existence of course of business 16. Existence of course of business when relevant. ADMISSIONS

Admission defined.

Admission by party to proceeding 18. Admission - by party to proceeding or his agent. representative character; by party interested in subject-matter; by person from whom interest derived.

Admissions by persons whose 19. Admissions by persons whose position must be proved as against position must be proved as against party to suit.

Admissions by persons expressly 20. Admissions by persons expressly referred to by party to suit.

Proof of admissions against 21. Proof of admissions against persons making them, and by or on persons making them, and by or on their behalf.

When oral admissions as to 22. When oral admissions as to contents of documents are relevant. contents of documents are relevant.

When oral admission as to

Admissions in civil cases when 23. Admissions in civil cases when relevant.

Confession caused by inducement, 24. Confession caused by inducement, threat, coercion or promise, when threat or promise, when irrelevant in irrelevant in criminal proceeding.

Proviso 1 impression caused by inducement, threat or promise, relevant.

Proviso 2 to become irrelevant because of promise of secrecy, etc.

Confession to police officer. be proved. 23(1)

Confession by accused while in

Proviso from accused may be proved.

Consideration of proved confession affecting person making it and others jointly under trial for same offence. offence.

Admissions not conclusive proof, 31. Admissions not conclusive proof, but may estop. STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.

Relevancy of certain evidence for 33. Relevancy of certain evidence for proving, in subsequent proceeding, proving, in subsequent proceeding, truth of facts therein stated. STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Entries in books of account when 34. Entries in books of relevant.

Relevancy of entry in public record 35. Relevancy of entry in public record or an electronic record made in made in performance of duty. performance of duty.

Relevancy of statements in maps, 36. Relevancy of statements in maps, charts and plans.

Relevancy of statement as to fact 37. Relevancy of statement as to fact of public nature contained in certain of public nature contained in certain Acts or notifications.

Relevancy of statements as to any 38. Relevancy of statements as to any law contained in law books including law contained in law-books. electronic or digital form. HOW MUCH OF A STATEMENT IS TO BE PROVED

What evidence to be given when statement conversation, document, electronic record, book or series of letters or papers. JUDGMENTS OF COURTS WHEN RELEVANT

Previous judgments relevant to 40. Previous judgments relevant to bar a second suit or trial.

Relevancy of certain judgments in 41. Relevancy of certain judgments in probate, etc., jurisdiction.

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.

Judgments, etc., other than those 43. Judgments, etc., other than those mentioned in sections 34, 35 and 36 mentioned in sections 40, 41 and 42, when relevant.

Fraud or collusion in obtaining 44. Fraud or collusion in obtaining judgment, or incompetency of Court, judgment, or incompetency of Court, may be proved. OPINIONS OF THIRD PERSONS WHEN RELEVANT

Opinions of experts.

Opinions of experts.

Opinion of Examiner of Electronic

Facts bearing upon opinions of 46. Facts hearing upon opinions of experts.

Opinion as to handwriting and signature, when relevant.

Opinion as to handwriting, when

Opinion as to digital signature,

Opinion as to existence of general 48. Opinion as to existence of right or custom or right, when relevant.

Opinion as to usages, tenets, etc., 49. Opinion as to usages, tenets, etc., when relevant.

Opinion on relationship, when relevant.

Grounds of opinion, when relevant. CHARACTER WHEN RELEVANT

In civil cases character to prove 52. In civil cases character to prove conduct imputed, irrelevant.

In criminal cases previous good 53. In criminal cases previous good character relevant.

Evidence of character or previous 53A. Evidence of character or previous sexual experience not relevant in sexual experience not relevant in certain cases.

Previous bad character not relevant, except in reply.

Character as affecting damages. ON PROOF NEED NOT BE PROVED FACTS WHICH NEED NOT BE PROVED

Fact judicially noticeable need not 56. Fact judicially noticeable need not be proved.

Facts of which Court shall take 57. Facts of which Court must take judicial notice.

Facts admitted need not be proved. OF ORAL EVIDENCE

Proof of facts by oral evidence.

Oral evidence to be direct. EVIDENCE OF DOCUMENTARY EVIDENCE

Proof of contents of documents.

Primary evidence.

Secondary evidence.

Proof of documents by primary evidence.

Cases in which secondary evidence relating to documents may be given.

Electronic or digital record.

Special provisions as to evidence 65A. Special provisions as to evidence relating to electronic record.

Admissibility of electronic records. 65B. Admissibility of electronic records.

Rules as to notice to produce.

Proof of signature and handwriting 67. Proof of signature and handwriting of person alleged to have signed or of person alleged to have signed or written document produced.

Proof as to electronic signature.

Proof of execution of document 68. Proof of execution of document required by law to be attested.

Proof where no attesting witness 69. Proof where no attesting witness found.

Admission of execution by party to 70. Admission of execution by party to attested document.

Proof when attesting witness denies execution.

Proof of document not required by 72. Proof of document not required by law to be attested.

Comparison of signature, writing 73. Comparison of signature, writing or seal with others admitted or or seal with others admitted or proved. proved.

Proof as to verification of digital 73A. Proof as to verification of digital signature. PUBLIC DOCUMENTS

Public and private documents.

Public documents.

Private documents.

Certified copies of public documents.

Proof of documents by production 77. Proof of documents by production of certified copies.

Proof of other official documents. PRESUMPTIONS AS TO DOCUMENTS

Presumption as to genuineness of 79. Presumption as to genuineness of certified copies

Presumption as to documents produced as record of evidence, etc.

Presumption as to Gazettes, newspapers, and other documents. Parliament and other documents. Explanation of S. 90 Explanation

Presumption as to Gazettes in electronic or digital record. Explanation

Presumption as to document

Presumption as to maps or plans 83. Presumption as to maps or plans made by authority of Government.

Presumption as to collections of laws and reports of decisions.

Presumption as to powers-of- attorney.

Presumption as to electronic agreements.

Presumption as to electronic records and electronic signatures.

Presumption as to Electronic Signature Certificates.

Presumption as to certified copies 86. Presumption as to certified copies of foreign judicial records.

Presumption as to books, maps and charts.

Presumption as to telegraphic

Presumption as to electronic messages.

Presumption as to due execution, etc., of documents not produced.

Presumption as to documents thirty years old.

Presumption as to electronic records five years old. OF ORAL BY DOCUMENTARY OF THE EXCLUSION OF ORAL EVIDENCE EVIDENCE BY DOCUMENTARY EVIDENCE

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

Exclusion of evidence of oral agreement.

Exclusion of evidence to explain or amend ambiguous document.

Exclusion of evidence against application of document to existing facts.

Evidence as to document unmeaning in reference to existing facts.

Evidence as to application of language which can apply to one only of several persons.

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.

Evidence as to meaning of illegible characters, etc.

Who may give evidence of agreement varying terms of document.

Saving of provisions of Indian Succession Act relating to wills. PRODUCTION AND EFFECT OF EVIDENCE PROOF OF THE BURDEN OF PROOF

Burden of proof.

On whom burden of proof lies.

Burden of proof as to particular fact.

Burden of proving fact to be proved to make evidence admissible.

Burden of proving that case of accused comes within exceptions.

Burden of proving fact especially 106. Burden of proving fact especially within knowledge.

Burden of proving death of person known to have been alive within thirty years.

Burden of proving that person is alive who has not been heard of for seven years.

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

Burden of proof as to ownership. 110. Burden of proof as to ownership.

Proof of good faith in transactions where one party is in relation of active confidence.

Presumption as to certain offences.

Birth during marriage, conclusive proof of legitimacy.

Proof of cession of territory.

Presumption as to abetment of suicide by a married woman.

Presumption as to dowry death. death.

Court may presume existence of certain facts.

Presumption as to absence of consent in certain prosecution for rape. ESTOPPEL

Estoppel.

Estoppel of tenants and of licensee of person in possession.

Estoppel of acceptor of bill of exchange, bailee or licensee. OF WITNESSES

Who may testify.

Witness unable to communicate verbally.

Competency of husband and wife as witnesses in certain cases. of person under criminal trial.

Judges and Magistrates.

Communications during marriage.

Evidence as to affairs of State.

Official communications.

Information as to commission of offences.

Professional communications.

Professional communications.

Section 126 to apply to

Privilege not waived by volunteering evidence.

Confidential communication with legal advisers.

Production of title-deeds of witness not a party.

Production of documents or electronic records which another person, having possession, could refuse to produce.

Witness not excused from answering on ground that answer will criminate.

Accomplice.

Number of witnesses. EXAMINATION OF WITNESSES OF EXAMINATION OF WITNESSES

Order of production and examination of witnesses.

Judge to decide as to admissibility of evidence.

Examination of witnesses.

Order of examinations.

Cross-examination of person called to produce a document.

Witnesses to character.

Leading questions.

Leading questions.

When they must not be asked.

When they may be asked.

Evidence as to matters in writing.

Cross-examination as to previous statements in writing.

Questions lawful in cross- examination.

When witness to be compelled to answer.

Court to decide when question shall be asked and when witness compelled to answer.

Question not to be asked without reasonable grounds.

Procedure of Court in case of question being asked without reasonable grounds.

Indecent and scandalous questions.

Questions intended to insult or annoy.

Exclusion of evidence to contradict answers to questions testing veracity.

Question by party to his own witness.

Impeaching credit of witness.

Questions tending to corroborate evidence of relevant fact, admissible.

Former statements of witness may be proved to corroborate later testimony as to same fact.

What matters may be proved in connection with proved statement relevant under section 26 or 27.

Refreshing memory.

Testimony to facts stated in document mentioned in section 162

Right of adverse party as to writing used to refresh memory.

Production of documents.

Giving, as evidence, of document called for and produced on notice.

Using, as evidence, of document production of which was refused on notice.

Judge's power to put questions or order production.

Power of jury or assessors

No new trial for improper admission or rejection of evidence. REPEAL AND SAVINGS

Repeal and savings.