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 and examples below are previews.
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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 o
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 th
