a confession. I believe that confessions are more often induced by these motives than they are by torture and bad usage. Speaking from my own experience, I can say that at a single sessions in the Budaon district (a bi-monthly jail-delivery) I have known quite half a dozen instances of undoubtedly genuine confessions retracted. When a man's confession has been made and he is transferred to the Magistrate's lock-up, the petty indulgences which the police allow to a confessing prisoner cease, his mind recovers its balance, his fellow-prisoners (especially in the lock-up of a district with traditions such as those of the district to which I have referred) prove to him how foolish he has been, and the confession is retracted '' clarations. 8. Dying declarations in India are not to be regarded as if Dying dethey were made in England. 'Very often the murdered man himself before his death implicates every male member of his supposed murderer's family, or of the supposed instigator of the murder, hoping by this means to drink the cup of revenge to its last dregs and to rid his own family of all future annoyance 2. 9. In England, written documents are seldom executed except Ignorance by those who can, at any rate, read and write, and are capable of and helplessness of looking after their own interests. In India, bonds are daily executants. executed by men, who are either too ignorant to understand the meaning of a written document, or too poverty-stricken and helpless to contend with a mahájan or sahukár on equal terms. 10. In India the bulk of the internal trade is in the hands of Mercantile gumáshtas, who are treated as the agents of their employers, and agents. nearly every mercantile transaction is effected through the medium of dalláls. It is, therefore, specially important that the admission of an agent in the matter of his agency should be taken as the admission of his principal 3. 1 6 All. 550. 2 See a paper by Mr. Rattigan, Law Magazine, May 1885, p. 249. 3 See sec. 18 infra. Things said or done by conspirator in reference to common design. SECTION I ib. In suits for damages, facts tending to enable Court to determine amount are relevant Facts relevant when right or custom is in question Facts showing existence of state of mind, or of body or of bodily feeling ADMISSIONS. Admission defined. Admission by party to proceeding or his agent by suitor in representative character by party interested in subject-matter by person from whom interest derived Admissions by persons whose position must be proved as against party to . Proof of admissions against persons making them, and by or on their When oral admissions as to contents of documents are relevant Confession caused by inducement, threat or promise, when irrelevant in SECTION 18 ib. 22 23 24 Confession to Police officer not to be proved 25 Confession by accused while in custody of Police not to be proved against him How much of information received from accused, may be proved Confession made after removal of impression caused by inducement, threat or promise, relevant 28 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.. 29 Consideration of proved confession affecting person making it and others Cases in which statement of relevant fact by person who is dead or cannot or gives opinion as to public right or custom, or matters of general interest or relates to existence of relationship. ib. ib. ib. or is made in will or deed relating to family affairs ib. or in document relating to transaction mentioned in section 13, clause (a). ib. or is made by several persons, and expresses feelings relevant to matter in question ib. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated Relevancy of entry in public record, made in performance of duty 34 35 36 Relevancy of statement as to fact of public nature, contained in certain Relevancy of statements as to any law contained in law-books 37 38 HOW MUCH OF A STATEMENT IS TO BE PROVED. SECTION What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers. 39 JUDGMENTS OF COURTS OF JUSTICE, WHEN RELEVANT. Previous judgments relevant to bar a second suit or trial 40 41 42 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved Judgments, etc., other than those mentioned in sections 40-42, when relevant. 43 44 In civil cases, character to prove conduct imputed, irrelevant In criminal cases, previous good character relevant In criminal proceedings previous conviction relevant, but not previous bad character, except in reply. 55 Cases in which secondary evidence relating to documents may be given. 61 62 63 64 66 Proof of signature and handwriting of person alleged to have signed or written document produced . 67 Proof of execution of document required by law to be attested Proof where no attesting witness found. 68 Admission of execution by party to attested document Proof when attesting witness denies the execution. 70 71 Proof of document not required by law to be attested Comparison of signature, writing or seal with others admitted or proved Presumption as to documents produced as record of evidence . Presumption as to Gazettes, newspapers, private Acts of Parliament, and other documents 79 80 81 Presumption as to document admissible in England without proof of seal 82 or signature Presumption as to collections of laws and reports of decisions. Presumption as to maps or plans made by authority of Government 83 84 Presumption as to due execution, etc., of documents not produced. 89 Presumption as to documents thirty years old 90 |