important sections Flashcards
section 3
interpretation clause
“fact”
section 3
fact means and includes:
(1) anything, state of things, or relation of things capable of being perceived by the senses;
(2) any mental condition of which any person is conscious
“evidence”
section 3
evidence means and includes
(1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry;
(2) all documents including electronic records produced for the inspection of the court
such documents are called documentary evidence
“proved”
a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists
section 4
“may presume”, “shall presume”, “conclusive proof”
section 5
evidence may be given of facts in issue and relevant facts
section 6
relevancy of facts forming part of the same transaction
section 7
facts which are the occasion, cause or effect of facts in issue
section 8
motive, preparation and previous or subsequent conduct
section 9
facts necessary to explain or introduce relevant facts
section 10
things said or done by conspirator in reference to common design
section 11
when facts not otherwise relevant become relevant
section 14
facts showing existence of state of mind, or of body, or bodily feeling
section 15
facts bearing on question whether act was accidental or intentional
section 17
admission defined
section 21
proof of admissions against persons making them, and by or on their behalf
section 22A
when oral admission as to contents of electronic records are relevant
section 24
confession caused by inducement, threat, or promise, when irrelevant in criminal proceeding
section 25
confession to police officer not to be proved
section 26
confession by accused while in custody of police not to be proved against him
section 27
how much of information received from accused may be proved
section 28
confession made after removal of impression caused by inducement, threat or promise, relevant
section 31
admissions not conclusive proof, but may estop
section 32
DBAP
RWDS
cases in which statement of relevant fact by person who is dead or cannot be found etc., is relevant
- when it relates to the cause of death
- or is made in the course of business
- or against the interest of maker
- or gives opinion as to public right or custom, or matters of general interests
- or relates to the existence of relationship
- or is made in Will or deed relating to family affairs
- or in document relating to transaction mentioned in Section 13, clause (a)
- or is made by several persons and expresses feelings relevant to matter in question
section 40
previous judgements relevant to bar a second suit or trial
section 41
relevancy of certain judgements in probate, etc. jurisdiction
section 42
relevancy and effect of judgements, orders or decrees, other than those mentioned in section 41
section 43
judgements, etc., other than those mentioned in sections 40 to 42, when relevant
section 44
fraud or collusion in obtaining judgement, or incompetency of court, may be proved
section 45
opinion of experts
section 47
opinion as to handwritings when relevant
section 51
grounds of opinion hen relevant
section 52
in civil cases character to prove conduct imputed, irrelevant
section 53A
evidence of character on previous sexual experience not relevant in certain cases
section 53
in criminal cases previous good character relevant
section 54
previous bad character not relevant, except in reply
section 55
character as affecting damages
section 56
fact judicially noticeable need not be proved
section 57
facts of which court must take judicial notice
section 58
facts which need not be proved
section 59
proof of facts by oral evidence
section 60
oral evidence must be direct
section 62
primary evidence
section 63
secondary evidence
section 65
cases in which secondary evidence relating to documents may be given
section 65B
admissibility of electronic records
section 74
public documents
section 75
private documents
section 90
presumption of documents as to 30 years old
section 91
evidence of terms of contracts, grants and other dispositions of property reduced to form of document
section 110
burden of proof as to ownership
section 111
proof of good faith in transactions where one party is in relation of active confidence
section 111A
presumption as to certain offences
section 112
birth during marriage, conclusive proof of legitimacy
section 113
proof of cession of territory
section 113A
presumption as to abetment of suicide by a married woman
section 113B
presumption as to dowry death
section 114
court may presume existence of certain facts
section 114A
presumption as to absence of consent in certain prosecution for rape
section 115
estoppel
section 116
estoppel of tenant and of licensee of person in possession
section 117
estoppel of acceptor of a bill of exchange, bailee or licensee
section 118
who may testify
section 119
witness unable to communicate verbally
section 122
communications during marriage
section 123
evidence as to affairs of state
section 124
official communications
section 132
witness not excused from answering on ground that answer will criminate
section 134
number of witnesses
section 133
accomplice
section 137
examination -in - chief
section 141
leading questions
section 142
when leading questions must not be asked
section 143
when leading questions may be asked
section 145
cross-examination as to previous statements in writing
section 151
indecent and scandalous questions
section 157
former statements of witness may be proved to corroborate later testimony as to the same act
section 159
refreshing memory
section 167
no new trial for improper admission or rejection of evidence
