BSA, 2023 Flashcards
1
Short title, application and commencement
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Definitions
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Evidence may be given of facts in issue and relevant facts
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Relevancy of facts forming part of same transaction
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Facts which are occasion, cause or effect of facts in issue or relevant facts
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Motive, preparation and previous or subsequent conduct
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Facts necessary to explain or introduce fact in issue or relevant facts
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Things said or done by conspirator in reference to common design
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When facts not otherwise relevant become relevant
10
Facts tending to enable Court to determine amount are relevant in suits for damages
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Facts relevant when right or custom is in question
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Facts showing existence of state of mind, or of body or bodily feeling
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Facts bearing on question whether act was accidental or intentional
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Existence of course of business when relevant
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Admission defined
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Admission by party to proceeding or his agent
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Admissions by persons whose position must be proved as against party to suit
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Admissions by persons expressly referred to by party to suit
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Proof of admissions against persons making them, and by or on their behalf
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When oral admissions as to contents of documents are relevant
21
Admissions in civil cases when relevant
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Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal
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Confession to police officer
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Consideration of proved confession affecting person making it and others jointly under trial
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Admissions not conclusive proof, but may estop
26
Cases in which statement of relevant fact by person who is dead or cannot be found, etc
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Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein
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Entries in books of account when relevant
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Relevancy of entry in public record or an electronic record made in performance of duty
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Relevancy of statements in maps, charts and plans
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Relevancy of statement as to fact of public nature contained in certain Acts or notifications
32
Relevancy of statements as to any law contained in law books including electronic or digital
33
What evidence to be given when statement forms part of a conversation, document, electronic
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Previous judgments relevant to bar a second suit or trial
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Relevancy of certain judgments in probate, etc
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Relevancy and effect of judgments, orders or decrees, other than those mentioned in
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Judgments, etc
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Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
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Opinions of experts
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Facts bearing upon opinions of experts
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Opinion as to handwriting and signature, when relevant
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Opinion as to existence of general custom or right, when relevant
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Opinion as to usages, tenets, etc
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Opinion on relationship, when relevant
45
Grounds of opinion, when relevant
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In civil cases character to prove conduct imputed, irrelevant
47
In criminal cases previous good character relevant
48
Evidence of character or previous sexual experience not relevant in certain cases
49
Previous bad character not relevant, except in reply
50
Character as affecting damages
51
Fact judicially noticeable need not be proved
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Facts of which Court shall take judicial notice
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Facts admitted need not be proved
54
Proof of facts by oral evidence
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Oral evidence to be direct
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Proof of contents of documents
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Primary evidence
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Secondary evidence
59
Proof of documents by primary evidence
60
Cases in which secondary evidence relating to documents maybe given
61
Electronic or digital record
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Special provisions as to evidence relating to electronic record
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Admissibility of electronic records
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Rules as to notice to produce
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Proof of signature and handwriting of person alleged to have signed or written document
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Proof as to electronic signature
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Proof of execution of document required by law to be attested
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Proof where no attesting witness found
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Admission of execution by party to attested document
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Proof when attesting witness denies execution
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Proof of document not required by law to be attested
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Comparison of signature, writing or seal with others admitted or proved
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Proof as to verification of digital signature
74
Public and private documents
75
Certified copies of public documents
76
Proof of documents by production of certified copies
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Proof of other official documents
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Presumption as to genuineness of certified copies
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Presumption as to documents produced as record of evidence, etc
80
Presumption as to Gazettes, newspapers, and other documents
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Presumption as to Gazettes in electronic or digital record
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Presumption as to maps or plans made by authority of Government
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Presumption as to collections of laws and reports of decisions
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Presumption as to powers-of-attorney
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Presumption as to electronic agreements
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Presumption as to electronic records and electronic signatures
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Presumption as to Electronic Signature Certificates
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Presumption as to certified copies of foreign judicial records
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Presumption as to books, maps and charts
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Presumption as to electronic messages
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Presumption as to due execution, etc
92
Presumption as to documents thirty years old
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Presumption as to electronic records five years old
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Evidence of terms of contracts, grants and other dispositions of property reduced to form of
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Exclusion of evidence of oral agreement
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Exclusion of evidence to explain or amend ambiguous document
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Exclusion of evidence against application of document to existing facts
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Evidence as to document unmeaning in reference to existing facts
99
Evidence as to application of language which can apply to one only of several persons
100
Evidence as to application of language to one of two sets of facts, to neither of which the
101
Evidence as to meaning of illegible characters, etc
102
Who may give evidence of agreement varying terms of document
103
Saving of provisions of Indian Succession Act relating to wills
104
Burden of proof
105
On whom burden of proof lies
106
Burden of proof as to particular fact
107
Burden of proving fact to be proved to make evidence admissible
108
Burden of proving that case of accused comes within exceptions
109
Burden of proving fact especially within knowledge
110
Burden of proving death of person known to have been alive within thirty years
111
Burden of proving that person is alive who has not been heard of for seven years
112
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and
113
Burden of proof as to ownership
114
Proof of good faith in transactions where one party is in relation of active confidence
115
Presumption as to certain offences
116
Birth during marriage, conclusive proof of legitimacy
117
Presumption as to abetment of suicide by a married woman
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Presumption as to dowry death
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Court may presume existence of certain facts
120
Presumption as to absence of consent in certain prosecution for rape
121
Estoppel
122
Estoppel of tenant and of licensee of person in possession
123
Estoppel of acceptor of bill of exchange, bailee or licensee
124
Who may testify
125
Witness unable to communicate verbally
126
Competency of husband and wife as witnesses in certain cases
127
Judges and Magistrates
128
Communications during marriage
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Evidence as to affairs of State
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Official communications
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Information as to commission of offences
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Professional communications
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Privilege not waived by volunteering evidence
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Confidential communication with legal advisers
135
Production of title-deeds of witness not a party
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Production of documents or electronic records which another person, having possession,
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Witness not excused from answering on ground that answer will criminate
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Accomplice
139
Number of witnesses
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Order of production and examination of witnesses
141
Judge to decide as to admissibility of evidence
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Examination of witnesses
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Order of examinations
144
Cross examination of person called to produce a document
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Witnesses to character
146
Leading questions
147
Evidence as to matters in writing
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Cross examination as to previous statements in writing
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Questions lawful in cross examination
150
When witness to be compelled to answer
151
Court to decide when question shall be asked and when witness compelled to answer
152
Question not to be asked without reasonable grounds
153
Procedure of Court in case of question being asked without reasonable grounds
154
Indecent and scandalous questions
155
Questions intended to insult or annoy
156
Exclusion of evidence to contradict answers to questions testing veracity
157
Question by party to his own witness
158
Impeaching credit of witness
159
Questions tending to corroborate evidence of relevant fact, admissible
160
Former statements of witness may be proved to corroborate later testimony as to same fact
161
What matters may be proved in connection with proved statement relevant under
162
Refreshing memory
163
Testimony to facts stated in document mentioned in section
164
Right of adverse party as to writing used to refresh memory
165
Production of documents
166
Giving, as evidence, of document called for and produced on notice
167
Using, as evidence, of document production of which was refused on notice
168
Judge’s power to put questions or order production
169
No new trial for improper admission or rejection of evidence
170
Repeal and savings
