The Indian Evidence Act, 1872
ARRANGEMENT OF SECTIONS
PART I: RELEVANCY OF FACTS
CHAPTER II: OF THE RELEVANCY OF FACTS
Section 5: Evidence may be given of facts in issue and relevant facts.
Bare Act
Evidence may be given in any suit or proceeding of the existence of 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.
Simplified Act
You can present evidence in any lawsuit or legal proceeding about the existence or non-existence of any important fact related to the case, and other facts that are considered relevant as described below, but no other facts.
Explanation: This section does not allow anyone to present evidence of a fact that they are not allowed to prove according to the current Civil Procedure laws.
Examples
- (a) A is on trial for murdering B by hitting him with a club intending to ki… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Scenario: A Theft Case
Ravi is accused of stealing a gold necklace from Priya's house. During the trial, the following facts are in issue:
- Ravi's presence at Priya's house on the day of the theft.
- Ravi's possession of the gold necklace after the theft.
- Ravi's intention to steal the necklace.
Application of Section 5:
- Evidence can be given to prove that Ravi was at Priya's house on the day of the theft (fact in issue).
- Evidence can be given to show that Ravi was found with the gold necklace after the theft (fact in issue).
- Evidence can be given to demonstrate Ravi's intention to steal the necklace, such as prior threats or suspicious behavior (fact in issue).
Example 2:
Scenario: A Breach of Contract Case
Sunil sues Rajesh for breach of contract, claiming that Rajesh failed to deliver goods as agreed. During the trial, the following facts are in issue:
- The existence of a contract between Sunil and Rajesh.
- Rajesh's failure to deliver the goods as per the contract.
- Sunil's loss due to Rajesh's failure to deliver the goods.
Application of Section 5:
- Evidence can be given to prove that a contract existed between Sunil and Rajesh (fact in issue).
- Evidence can be given to show that Rajesh did not deliver the goods as agreed (fact in issue).
- Evidence can be given to demonstrate the loss Sunil suffered due to the non-delivery of goods (fact in issue).
Note: If Sunil did not bring the original contract document to the first hearing, this section does not allow him to produce it later unless he follows the conditions prescribed by the Code of Civil Procedure.
