Bharatiya Sakshya Adhiniyam 2023 Part III : On Proof : Chapter III : Facts Which Need Not Be Proved : Section 51 : Fact judicially noticeable need not be proved : (See section 56 of IEA 1872) No fact of which the Court will take…
Bharatiya Sakshya Adhiniyam 2023 Section 50 : Character as affecting damages : (See section 55 of IEA 1872) 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.…
Bharatiya Sakshya Adhiniyam 2023 Section 49 : Previous bad character not relevant, except in reply : (See section 54 of IEA 1872) In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a…
Bharatiya Sakshya Adhiniyam 2023 Section 48 : Evidence of character or previous sexual experience not relevant in certain cases : (See section 53A of IEA 1872) In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69,…
Bharatiya Sakshya Adhiniyam 2023 Section 47 : In criminal cases previous good character relevant : (See section 53 of IEA 1872) In criminal proceedings, the fact that the person accused is of a good character, is relevant.
Bharatiya Sakshya Adhiniyam 2023 Character when relevant Section 46 : In civil cases character to prove conduct imputed, irrelevant : (See section 52 of IEA 1872) In civil cases, the fact that the character of any person concerned is such as to render probable or…
Bharatiya Sakshya Adhiniyam 2023 Section 45 : Grounds of opinion, when relevant : (See section 51 of IEA 1872) 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…
Bharatiya Sakshya Adhiniyam 2023 Section 44 : Opinion on relationship, when relevant : (See section 50 of IEA 1872) 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…
Bharatiya Sakshya Adhiniyam 2023 Section 43 : Opinion as to usages, tenets, etc., when relevant : (See section 49 of IEA 1872) When the Court has to form an opinion as to— (i) the usages and tenets of any body of men or family; (ii)…
Bharatiya Sakshya Adhiniyam 2023 Section 42 : Opinion as to existence of general custom or right, when relevant : (See section 48 of IEA 1872) When the Court has to form an opinion as to the existence of any general custom or right, the opinions,…
Bharatiya Sakshya Adhiniyam 2023 Section 41 : Opinion as to hand-writing and digital signature, when relevant : (See section 47,47A of IEA 1872) (1) When the Court has to form an opinion as to the person by whom any document was written or signed, the…
Bharatiya Sakshya Adhiniyam 2023 Section 40 : Facts bearing upon opinions of experts : (See section 46 of IEA 1872) Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations : (a)…
Bharatiya Sakshya Adhiniyam 2023 Opinions of third persons when relevant Section 39 : Opinions of experts : (See section 45,45A of IEA 1872) (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any…
Bharatiya Sakshya Adhiniyam 2023 Section 38 : Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved : (See section 44 of IEA 1872) Any party to a suit or other proceeding may show that any judgment, order or decree which is…
Bharatiya Sakshya Adhiniyam 2023 Section 37 : Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant : (See section 43 of IEA 1872) Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36 are irrelevant,…
Bharatiya Sakshya Adhiniyam 2023 Section 36 : Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 : (See section 42 of IEA 1872) Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate…
Bharatiya Sakshya Adhiniyam 2023 Section 35 : Relevancy of certain judgments in probate, etc., jurisdiction : (See section 41 of IEA 1872) (1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction,…
Bharatiya Sakshya Adhiniyam 2023 Judgments of Courts when relevant Section 34 : Previous judgments relevant to bar a second suit or trial : (See section 40 of IEA 1872) The existence of any judgment, order or decree which by law prevents any Court from taking…
भारतीय साक्ष्य अधिनियम २०२३ किसी कथन में से कितना साबित किया जाए : धारा ३३ : जबकि कथन किसी बातचीत, दस्तावेज, इलेक्ट्रॉनिक अभिलेख, पुस्तक अथवा पत्रों या कागज-पत्रों की आवली (क्रमबद्धत) का भाग हो, तब क्या साक्ष्य दिया जाए : जबकि कोई कथन, जिसका साक्ष्य…
Bharatiya Sakshya Adhiniyam 2023 How much of a statement is to be proved : Section 33 : What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers : (See section 39 of IEA…