05. Evidence Act 45-60

                                                    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
• 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