Section 5

Evidence may be given of facts in issue and relevant facts.

The Indian Evidence Act, 1872

  • Act 1 of 1872
  • Ministry of Law and Justice
  • Legislative Department
All sections
    Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
    Explanation.-- This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure1.
    Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
    At A's trial the following facts are in issue:--
        A's beating B with the club;
         A's causing Bs death by such beating;
        A's intention to cause Bs death.
    (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure1.

Notes

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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