INDIAN EVIDENCE ACT
Section 45 Opinions of experts
- When Court has to form an opinion
- upon a point of foreign law or of science or art
- or as to identity of handwriting or finger impressions
- opinions upon that point, of persons specially skilled
- in such foreign law, science or art
- or in questions as to identity of handwriting or finger impressions
- are relevant facts
- Such persons are called experts
Illustrations
(a)
- The question is
- whether death of A was caused by poison
- Opinions of experts
- as to symptoms produced by the poison by which A is supposed to have died
- are relevant
(b)
- The question is
- whether A at the time of doing the act was, by reason of unsoundness of mind,
- incapable of knowing the nature of the Act
- whether A at the time of doing the act was, by reason of unsoundness of mind,
- Opinions of experts upon the question
- whether symptoms exhibited by A commonly show unsoundness of mind
- and whether such unsoundness of mind usually renders persons
- incapable of knowing the nature of the acts which they do
- are relevant
(c)
- The question is
- whether a certain document was written by A
- Another document is produced
- which is proved or admitted to have been written by A
- Opinions of experts on the question
- whether the two documents were written by the same person or by different persons
- are relevant
Section 46 Facts bearing upon opinions of experts
- Facts not otherwise relevant are relevant
- if they support or are inconsistent with opinions of experts
- when such opinions are relevant
Illustrations
(a)
- The question is
- whether A was poisoned by a certain poison
- The fact that
- other persons who were poisoned by that poison exhibited symptoms
- which experts affirm or deny to be symptoms of that poison
- is relevant
(b)
- The question is
- whether an obstruction to a harbor is caused by a certain sea-wall
- The fact that
- other harbors similarly situated but where there were no such sea-walls
- began to be obstructed at about the same time
- is relevant
Section 47 Opinion as to handwriting, when relevant
- When Court has to form an opinion
- as to the person by whom any document was written or signed
- opinion of any person
- acquainted with handwriting of the person by whom it is supposed to be written or signed
- is a relevant fact
Illustration
- The question is
- whether a given letter is in the handwriting of A, a merchant in London
- B is a merchant in Calcutta, who has written letters addressed to A
- and received letters purporting to be written by him
- C is B’s clerk
- whose duty it was to examine and file B’s correspondence
- D is B’s broker
- to whom B habitually submitted letters written by A for advising him thereon
- Opinions of B, C and D
- on the question whether the letter is in the handwriting of A
- are relevant
- though neither B, C and D ever saw A write
Section 47A Opinion as to digital signature where relevant
- When the Court has to form an opinion
- as to the digital signature of any person
- Opinion of the Certifying Authority
- which issued the Digital Signature Certificate
- is a relevant fact
Section 48 Opinion as to existence of right or custom
- When Court has to form an opinion
- as to existence of any general custom or right
- Opinions as to existence of such custom or right
- of persons who would be likely to know of its existence if it existed
- are relevant
Illustration
- Right of villagers of a particular village to use water of a particular well
- is a general right within the meaning of this section
Section 50 Opinion on relationship, when relevant
- When Court has to form an opinion
- as to relationship of one person to another
- opinion expressed by conduct of any person
- who, as a member of the family or otherwise,
- has special means of knowledge on the subject
- is a relevant fact
- Provided that such opinion shall not be sufficient
- to prove a marriage in prosecutions u/s 494, 495, 497 or 498 of IPC
Illustrations
(a)
- The question is
- whether A and B, were married
- The fact that
- they were usually received and treated by their friends as husband and wife
- is relevant
(b)
- The question is
- whether A was the legitimate son of B
- The fact that
- A was always treated as such by members of the family
- is relevant
Section 51 Grounds of opinion when relevant
- Whenever opinion of any living person is relevant
- the grounds on which such opinion is based
- are also relevant
Illustration
- An expert may give an account of experiments performed by him
- for the purpose of forming his opinion
Section 52 In civil cases character is irrelevant
- In civil cases:
- the fact that
- character of any person concerned is such
- as to render probable or improbable any conduct imputed to him
- is irrelevant
- except in so far as such character appears from facts otherwise relevant
Section 53 In criminal cases previous good character relevant
- In criminal proceedings:
- the fact that
- the person accused is of a good character
- is relevant
Section 54 Previous bad character not relevant
- In criminal proceedings:
- the fact that
- the accused person has a bad character
- is irrelevant
- unless evidence has been given that he has a good character
- in which case it becomes relevant
Explanation 1
- This section does not apply where bad character of any person
- is itself a fact in issue
Explanation 2
- A previous conviction is relevant
- as evidence of bad character
Section 55 Character as affecting damages
- In civil cases:
- the fact that
- character of any person is such
- as to affect the amount of damages which he ought to receive
- is relevant
Explanation
- In these sections “character” includes both reputation and disposition
- but except in section 54
- evidence may be given only of general reputation and general disposition
- and not of particular acts by which reputation or disposition were shown
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
Section 56 Fact Judicially noticeable need not be proved
- No fact of which Court will take judicial notice
- need be proved
Section 57 Facts of which Court must take judicial notice
Court shall take judicial notice of these facts:
- All laws in force in the territory of India
- All public Acts passed by Parliament of United Kingdom
- The course of proceeding
- of Parliament of United Kingdom
- of Constituent Assembly of India, of Parliament and of legislatures in States
- Accession to office, names, functions and signatures of persons filling any public office in any State
- if their appointment to such office is notified in Official Gazette
- Territories under the dominion of Govt of India
- Names of members and officers of Court and of their subordinate officers and assistants
- and also of all advocates, pleaders and other persons authorized by law to appear or act before it
- Rule of the road on land or at sea
- In all these cases
- and also on all matters of public history, literature, science or art
- Court may resort for its aid
- to appropriate books or documents of reference
- If Court is called upon by any person to take judicial notice of any fact
- it may refuse to do so
- unless and until such person produces any book or document necessary to enable it to do so
Section 58 Facts admitted need not be proved
- No fact need to be proved in any proceeding
- which parties thereto or their agents agree to admit at the hearing or
- which, before hearing, they agree to admit by any writing under their hands
- or which by any rule of pleading they are deemed to have admitted by their pleadings
- Provided that the Court may, in its discretion
- require the facts admitted to be proved otherwise than by such admissions
CHAPTER IV
ORAL EVIDENCE
Section 59 Proof of facts by oral evidence
- All facts may be proved by oral evidence
- except contents of documents or electronic records
Section 60 Oral evidence must be direct
- Oral evidence must, in all cases whatever, be direct
- that is to say:
- if it refers to a fact which could be seen
- it must be the evidence of a witness
- who says he saw it
- if it refers to a fact which could be heard
- it must be the evidence of a witness
- who says he heard it
- if it refers to a fact which could be perceived by any other sense or in any other manner
- it must be the evidence of a witness
- who says he perceived it by that sense or in that manner
- if it refers to an opinion or to the grounds on which that opinion is held
- it must be the evidence of the person
- who holds that opinion on those grounds
- Provided that
- opinions of experts expressed in any treatise commonly offered for sale
- and the grounds on which such opinions are held
- may be proved by production of such treatises
- if the author is dead
- or cannot be found
- or has become incapable of giving evidence
- or cannot be called as a witness without an unreasonable delay or expense
- If oral evidence refers to
- existence or condition of any material thing other than a document
- Court may require production of such material thing for its inspection