CHAPTER 80 - Evidence Act

An Act of Parliament to declare the law of evidence 

Arrangement of Sections
1 Short Title.
2 Application.
3 Interpretation.
4 Presumptions of Fact.
CHAPTER II - ADMISSIBILITY AND RELEVANCY
Part I - General
5 General Restriction on Admissibility of Evidence.
6 Facts Forming Part of Same Transaction.
7 Facts Causing or Caused by Other Facts.
8 Facts Relating to Motive, Preparation and Conduct.
9 Explanatory and Introductory Facts, Etc.
10 Statements and Actions Referring to Common Intention.
11 Facts Inconsistent With, or Affecting Probability Of, Other Facts.
12 Facts Affecting Quantum of Damages.
13 Facts Affecting Existence of Right or Custom.
14 Facts Showing State of Mind or Feeling.
15 Facts Showing System.
16 Facts Showing Course of Business.
17 Adjmissions Defined Generally.
18 Statements by Party to Suit or Agent or Interested Person.
19 Statements by Persons Whose Position or Liability Must Be Proved as Against Party to Suit.
20 Statements by Persons Expressly Referred to by Party to Suit.
21 Proof of Admissions Against Persons Making Them, and by or on Their Behalf.
22 Oral Admissions as to Contents of Documents.
23 Admissions Made Without Prejudice in Civil Cases.
24 Effect of Admissions.
Part III - Confessions
25 Confession Defined.
25A Confessions Generally Inadmissible.
26 Confessions and Admissions Caused by Inducement, Threat or Promise.
27 Confession Made After Removal of Impression Caused by Inducement, Threat or Promise.
28 Repealed.
29 Confessions to Police Officers.
30 (repealed).
31 Repealed.
32 Confession Implicating Co-accused.
Part IV - Statements by Persons who Cannot be Called as Witnesses
33 Statement by Deceased Person, Etc., when -
34 Admissibility of Evidence Given in Previous Proceedings.
Part V - Statements in Documents Produced in Civil Proceedings
35 Admissibility of Documentary Evidence as to Facts in Issue.
36 Weight to Be Attached to Statement Admissible Under Section 35.
37 Entries in Books of Account.
38 Entries in Public Records.
39 Statements, Etc., in Maps, Charts and Plans.
40 Statements of Fact Contained in Laws and Official Gazettes, Etc.
41 Statements as to Law Contained in Books.
42 Extent of Admissibility.
43 Judgments, Etc., Excluding Jurisdiction.
44 Judgments in Rem.
45 Other Judgments of a Public Nature.
46 Inadmissible Judgments.
47 Proof That Judgment Was Incompetent or Obtained by Fraud or Collusion.
47A Proof of Guilt.
48 Opinions of Experts.
49 Facts Bearing Upon Opinions of Experts.
50 Opinion as to Handwriting.
51 Opinion Relating to Customs and Rights.
52 Opinions of Persons with Special Knowledge.
53 Opinion on Relationship.
54 Grounds of Opinion.
55 Character in Civil Cases.
56 Good Character in Criminal Cases.
57 Bad Character in Criminal Cases.
58 Definition of "character"
59 Facts Judicially Noticed.
60 Facts of Which Court Shall Take Judicial Notice.
61 Facts Admitted in Civil Proceedings.
62 Oral Evidence.
63 Oral Evidence Must Be Direct.
64 Proof of Contents of Documents.
65 Primary Evidence.
66 Secondary Evidence.
67 Proof of Documents by Primary Evidence.
68 Proof of Documents by Secondary Evidence.
69 Notice to Produce a Document.
70 Proof of Allegation That Persons Signed or Wrote a Document.
71 Proof of Execution of Document Required by Law to Be Attested.
72 Proof Where No Attesting Witness Found.
73 Admission of Execution of Attested Document.
74 Proof Where Attesting Witness Denies Execution.
75 Proof of Document Not Required to Be Attested.
76 Comparison of Signatures, Seals, Etc.
77 Reports by Government Analysts and Geologists.
78 Photographic Evidence- Admissibility of Certificate.
79 Distinction Between Public and Private Documents.
80 Certified Copies of Public Documents.
81 Proof by Certified Copies.
82 Proof of Certain Public Documents.
83 Certified Documents.
84 Records of Evidence.
85 Gazette, Etc., to Be Prima Facie Evidence.
86 Gazettes, Newspapers, and Documents Produced from Proper Custody.
87 Publications Generally.
88 Documents Admissible in England.
89 Maps or Plans.
90 Laws and Judicial Reports.
91 Powers of Attorney.
92 Certified Copies of Foreign Judicial Records.
93 Books, Maps and Charts.
94 Telegraphic Messages.
95 Presumption as to Due Execution, Etc.
96 Documents Twenty Years Old.
97 Written Contracts and Grants.
98 Evidence of Oral Agreement.
99 Evidence to Explain a Patent Ambiguity.
100 Evidence to Show Inapplicability.
101 Evidence to Explain a Latent Ambiguity.
102 Evidence of Application to One of Several Subjects.
103 Evidence of Application to One of Several Sets of Facts.
104 Evidence to Explain, Special Words.
105 Evidence of Variation Given by Third Parties.
106 Wills.
Part VII - ELECTRONIC RECORDS
106A Section 106b to Apply in Proof of Electronic Records
106B Admissibility of Electronic Records.
106C Proof as to a Electronic Signature
106D Proof as to the Verification of Electronic Signature.
106E Presumption as to Gazette in Electronic Form.
106F Presumption as to Electronic Agreements.
106G Presumption as to Electronic Records and Electronic Signatures.
106H Presumption as to Electronic Signature Certificates.
106I Presumption as to Electronic Messages.
CHAPTER IV - PRODUCTION AND EFFECT OF EVIDENCE
Part I - Burden of Proof
107 Burden of Proof.
108 Incidence of Burden.
109 Proof of Particular Fact.
110 Proof of Admissibility.
111 Burden on Accused in Certain Cases.
112 Proof of Special Knowledge in Civil Proceedings.
113 Repealed.
114 Repealed.
115 Disproving Apparent Special Relationship.
116 Disproving Ownership.
117 Proof of Good Faith.
118 Conclusive Proof of Legitimacy.
118A Presumption of Death.
119 Presumption of Likely Facts.
Part II - Estoppel
120 General Estoppel.
121 Estoppel of Tenant or Licensee.
122 Estoppel of Acceptor of a Bill of Exchange.
123 Estoppel of a Bailee, Licensee or Agent.
Part III - Evidence of Children
124 Corroboration Required in Criminal Cases.
CHAPTER V - WITNESSES
Part 1 -
125 Competency Generally.
126 Dumb Witnesses.
127 Competency of Parties and Spouses.
Part II - Compellability and Privileges of Witnesses.
128 Compellability of Ordinary Witnesses.
129 Privilege of Court.
130 Communications During Marriage.
131 Privilege Relating to Official Records.
132 Privilege of Official Communications.
133 Privilege Relating to Information of Commission of Offences.
134 Privilege of Advocates.
135 Privilege of Interpreters, and Advocates' Clerks and Servants.
136 Waiving of Privilege of Advocates, Etc.
137 Communications with an Advocate.
138 Title Deeds and Incriminating Documents in Hands of Third Party.
139 Privileged Document in Possession of Another.
140 Bankers' Books.
141 Accomplices.
142 Privileges to Exclude Oral Evidence of Documents.
143 Number of Witnesses.
Part III - Examination of Witnesses
144 Court to Decide as to the Admissibility of Evidence.
145 Types of Examination of Witnesses.
146 Order and Direction of Examinations.
Part IV - Questioning of Witnesses
147 Person Called to Produce a Document.
148 Witness to Character.
149 Meaning of Leading Question.
150 Leading Questions in Examination-in-chief and Re-examination.
151 Leading Questions in Cross-examination.
152 Examination as to Whether Certain Formal Matters Are Contained in Writing.
153 Cross-examination as to Previous Written Statements.
154 Cross-examination as to Credibility.
155 Compulsion to Answer Questions as to Credit.
156 Cross-examination of Accused Person.
157 Discretion of Court to Compel Witness to Answer Questions as to Credit.
158 Necessity for Grounds Before Attacking Character.
159 Indecent or Scandalous Questions.
160 Insulting or Annoying Questions.
161 Discretion to Allow Cross-examination of Own Witness.
162 Exclusion of Evidence to Contradict a Witness.
163 Evidence to Impeach the Credit of a Witness.
164 Circumstantial Questions to Confirm Evidence.
165 Proof of Consistency by Former Statements.
166 Evidence to Test Statement of Person Not Available as Witness.
Part V - Refreshing of Memory and Production of Documents
167 Refreshing Memory by Reference to Contemporaneous Writing.
168 Reference to Accurate Contemporaneous Record Though Facts Themselves Not Specifically Recalled.
169 Rights of Adverse Party as to Contemporaneous Writing.
170 Production of Documents of Doubtful Admissibility.
171 Document Produced in Answer to Notice to Be Given as Evidence if Required.
172 Consequence of Refusal to Produce Document in Answer to Notice.
173 Extended Powers of Court for Purpose of Obtaining Proper Evidence.
Part VI - Questions by Assessors
174 Deleted.
CHAPTER VI - IMPROPER ADMISSION AND REJECTION OF EVIDENCE
175 Effect of Improper Admission or Rejection.
CHAPTER VII - BANKERS BOOKS
176 Mode of Proof of Entries in Bankers' Books.
177 Proof and Verification of Copy.
178 Restriction on Compelling Production of Banker's Book.
179 Inspection of Bankers' Books.
180 Warrant to Investigate.
181 Costs.
CHAPTER MISCELLANEOUS PROVISIONS - VIII
182 Saving for Other Laws.
183 Cessation of Application of Indian Evidence Act.
Schedules
SCHEDULE Certificate as to Photographic Print or Enlargement
Subsidiary legislation
The Evidence (out of Court Confessions) Rules, 2009

 About eKLR   |   Terms and Conditions   |   Privacy Policy & Disclaimer   
© Copyright 2004 - 2010