Evidence may be given of facts in issue and relevant facts
Chapter 2: Relevancy of facts
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 procedure.
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 B’s death by such beating; A’s intention to cause B’s 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 Procedure, 1908 (5 of 1908).
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 4Relevancy of facts forming part of same transactionEvidence Act 6
- 5Facts which are occasion, cause or effect of facts in issue or relevant factsEvidence Act 7
- 6Motive, preparation and previous or subsequent conductEvidence Act 8
- 7Facts necessary to explain or introduce fact in issue or relevant factsEvidence Act 9
- 8Things said or done by conspirator in reference to common designEvidence Act 10
- 9When facts not otherwise relevant become relevantEvidence Act 11