41. Relevancy of certain judgments in probate etc., jurisdiction. A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be entitled toKEEP READING
42. Relevancy and effect of judgment, order or decrees, other than those mentioned in Section 41. Judgments, orders or decrees other than those mentioned in Section 41, are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are notKEEP READING
43. Judgment etc, other than those mentioned in Section 40 to 42 when relevant. Judgments, orders or decrees other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant, under some otherKEEP READING
44. Fraud or collusion in obtaining judgment, or incompetence of Court may be proved. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under Section 40, 41 or 42 and which has been proved by the adverse party, was deliveredKEEP READING
45. Opinions of experts. When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or inKEEP READING
45A. Opinion of Examiner of electronic evidence. When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to inKEEP READING
46. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts when such opinions are relevant. Illustrations- (a) The question is, whether A was poisoned by a certain poison. The fact that other persons who were poisonedKEEP READING
47. Opinions as to handwriting when relevant. When the Court has to form an opinion as to the person by whom document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that itKEEP READING
47A. Opinion as to electronic signature when relevant. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the electronic Signature Certificate is a relevant fact. Read Indian Evidence Act in a beautiful, systematic way.KEEP READING
48. Opinion as to existence of right or custom when relevant. When the Court has to form an opinion as to existence of any general custom or right, the opinions as to the existence of such custom or rights, of persons who would be likely to know of its existenceKEEP READING
49. Opinion as to usages, tenants etc when relevant. When the Court has to form an opinion as to – the usage’s and tenants of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used inKEEP READING
50. Opinion on relationship when relevant. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special meansKEEP READING
51. Grounds of opinion when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration– An expert may give an account of experiments performed by him for the purpose of forming his opinion. Read Indian Evidence Act inKEEP READING
52. In civil cases character to prove conduct imputed, irrelevant. In civil cases, the fact that the character of any person concerned is such as to render probable or improbably any conduct imputed to him, is irrelevant except in so far as such character appears from facts otherwise relevant. ReadKEEP READING
53. In criminal cases, previous good character relevant. In criminal proceedings the fact that the person accused is of good character, is relevant. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.KEEP READING
53A. Evidence of character or previous sexual experience not relevant in certain cases. In the prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB*, section 376B, section 376C, section 376D, section 376DA*, section 376DB* or section 376E of theKEEP READING
54. Previous bad character not relevant except in reply. In criminal proceedings the fact that the accused person had a bad character is irrelevant, unless evidence has been given that he has a character in which case it becomes relevant. Explanation 1- This section does not apply to cases inKEEP READING
55. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant. Explanation- In Section 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but exceptKEEP READING
56. Fact Judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Comments: Judicial Notice of fact that many blind persons have acquired great academic distinctions can be taken by court. Related Case- Jai Shankar Prasad v. State of Bihar, 1993 ReadKEEP READING
57. Facts of which Court must take judicial notice. The Court shall take judicial notice of the following facts- 1- All laws in force in the territory of India. 2- All public Acts passed or hereafter to be passed by Parliament of the United Kingdom, and all local and personal Acts directedKEEP READING
58. Facts admitted need not be proved. No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleadingKEEP READING
59. Proof of facts by oral evidence. All facts, except the contents of documents or electronic records may be proved by oral evidence. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.KEEP READING
60. Oral evidence must be direct. Oral evidence must, in all cases whatever, be direct; that is to say- If it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it; If it refers to a fact whichKEEP READING
61. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. Comment: (a) A man may lie but a document will never lie. Related Case- Afzauddin Ansari v. State of West Bengal, 1997 (b) Admission of a document amounts to admission ofKEEP READING
62. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1- Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterparts, each counterpart being executed by one or some ofKEEP READING
63. Secondary Evidence. Secondary evidence means and includes- 1. Certified copies given under the provisions hereinafter contained. 2. Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy and copies compared with such copies. 3. Copies made from or compared with the original.KEEP READING
64. Proof of documents by primary evidence. Documents must be proved by primary evidence except in the cases hereinafter mentioned. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.KEEP READING
65. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition or contents of a document in the following cases- (a) When the original is shown or appears to be in the possession or power– of the person against whomKEEP READING
