CHAPTER VI.

OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE.

SECTION

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

91

92

93

94

95

97

98

99

100

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

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 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

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

Birth during marriage, conclusive proof of legitimacy

Information as to commission of offences

Professional communications .

Section 126 to apply to interpreters, etc.
Privilege not waived by volunteering evidence
Confidential communications with legal advisers
Production of title-deeds of witness not a party

Production of documents which another person, having possession, could
refuse to produce

118

119

120

ib.

121

122

123

124

125

126

Witness not excused from answering on ground that answer will

Leading questions .

When they must not be asked

When they may be asked

Evidence as to matters in writing

Questions lawful in cross-examination

When witness to be compelled to answer

Cross-examination as to previous statements in writing

Court to decide when question shall be asked and when witness com

pelled 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

SECTION

Exclusion of evidence to contradict answers to questions testing veracity 153
Question by party to his own witness
Impeaching credit of witness.

154

155

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 32 or 33

Refreshing memory.

156

157

158

159

When witness may use copy of document to refresh memory.
Testimony to facts stated in document mentioned in section 159
Right of adverse party as to writing used to refresh memory.
Production of documents
Translation of documents

Giving, as evidence, document called for and produced on notice
Using, as evidence, document production of which was refused on
notice

Judge's power to put questions or order production
Power of jury or assessors to put questions

CHAPTER XI.

OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE.

163

164

165 166

No new trial for improper admission or rejection of evidence.

SCHEDULE.-Enactments repealed.

167

ACT No. I OF 1872,

PASSED BY THE GOVERNOR GENERAL OF
INDIA IN COUNCIL.

(Received the assent of the Governor General on the 15th March, 1872.)

The Indian Evidence Act, 1872.

AS AMENDED BY ACTS XVIII OF 1872 AND III OF 1887. WHEREAS it is expedient to consolidate, define, and amend Preamble. the law of Evidence; It is hereby enacted as follows:

PART I

RELEVANCY OF FACTS. '

CHAPTER I.

PRELIMINARY.

1. This Act may be called 'The Indian Evidence Act, Short title. 1872':

It extends to the whole of British India2, and applies to all Extent.

1 In this title 'relevancy' seems to mean 'admissibility.' In the heading to Chapter II of this Part 'relevancy' means the having some probative force.

2 Supra, vol. i. p. 488. It has been expressly declared in force in Upper Burma (Act XX of 1886, sched. II, part I), the Santál Parganas (Reg. III of 1886), the Districts of Hazáribágh, Lohárdaga, and Mánbhum, Pargana Dhálbum, and the Kolhán in the District of Singbhum and the N.W. Provinces Tarai.

Outside British India it is in force
in the Haidarábád Assigned Districts;
the civil and military station of
Bangalore: the parganas in the
Rájputána Agency under British
administration (Todgarh, Dewair,
Saroth, Chang, and Kotkarana):
the cantonments of Sikandarábád,
Dísah, and, probably, Baroda: the
Madras railway (Mysore), the Nág-
pur and Chhattisgarh state railway
(Khairagarh and Nandgaon): the
Rájputána-Malwa state railway
(Indore, Nabha
and Pataudi),

Com

mence

ment of Act. Repeal of

enactments.

Interpretation-clause.

judicial proceedings in or before any Court, including Courts Martial', but not to affidavits 2 presented to any Court or Officer, nor to proceedings before an arbitrator 3;

and it shall come into force on the first day of September, 1872.

2. On and from that day the following laws shall be repealed :

(1) All rules of evidence not contained in any Statute, Act, or Regulation in force in any part of British India *.

(2) All such rules, laws, and regulations as have acquired the force of law 5 under the twenty-fifth section of The Indian Councils' Act, 1861,' in so far as they relate to any matter herein provided for; and

(3) The enactments mentioned in the schedule hereto, to the extent specified in the third column of the said schedule. But nothing herein contained shall be deemed to affect any provision of any Statute, Act, or Regulation in force in any part of British India and not hereby expressly repealed ®.

3. In this Act the following words and expressions are used

1 i. e. Native Courts Martial under Act V of 1869. As to European Courts Martial, see 44 & 45 Vic. c. 58, secs. 127, 128, 163, 164, 165. The Indian Evidence Act, subject to such modifications therein as the Governor General in Council may, by notification in the Gazette of India, direct, shall apply to all proceedings before Indian Marine Courts, Act XIV of 1887, sec. 68.

2 See the Code of Civil Procedure, secs. 194-197, supra, p. 538.

3 See the Code of Civil Procedure, secs. 506-526, supra, pp. 660–667. But letters written without prejudice,' in the course of negotiation for

an amicable adjustment of a claim, are excluded on grounds of public policy, and the rule excluding them is as binding on arbitrators as upon Courts, 4 Cal. 236.

This repeals the English rules of evidence formerly in force, 5 Cal. 754 (S. C., L. R. 7 I. A. 70), for which the Act is assumed to be an adequate substitute. The result is that no one of the numerous points omitted from the Act can be legally supplied by reference to English law of evidence. It would have been better to frame the clause on the model of secs. 2 and of the Penal Code, so that the repeal might only apply to the points dealt with by the Act.

5 in the Non-regulation Provinces. 6 See, for instance, the notes on secs. 57 and 76, the Code of Criminal Procedure, secs. 161, 287, 288, 298 (a), 339, 342, 467, 473, 475, 533, and the other enactments mentioned supra, pp. 822-827.