BHARATIYA SAKSHYA ADHINIYAM 2023 PDF

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jftLVªh lañ Mhñ ,yñ—( ,u) 04@0007@2003—23 REGISTERED NO. DL—(N)04/0007/2003—23 सी.जी.-डी.एल.-अ.-25122023-250882 xxxGIDHxxx CG-DL-E-25122023-250882 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 55] ubZ fnYyh] lkseokj] fnlEcj 25] 2023@ ikS"k 4] 1945 ¼'kd½ No. 55] NEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka) The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information:— THE BHARATIYA SAKSHYA ADHINIYAM, 2023 NO. 47 OF 2023 [25th December, 2023.] An Act to consolidate and to provide for general rules and principles of evidence for fair trial. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— PART I CHAPTER I PRELIMINARY 1. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. Short title, application and (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, commencement. but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.  2 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. (1) In this Adhiniyam, unless the context otherwise requires,— (a) "Court" includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) "conclusive proof" means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it; (c) "disproved" in relation to a fact, means when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist; (d) "document" means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. Illustrations. (i) A writing is a document. (ii) Words printed, lithographed or photographed are documents. (iii) A map or plan is a document. (iv) An inscription on a metal plate or stone is a document. (v) A caricature is a document. (vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents; (e) "evidence" means and includes— (i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence; (ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence; (f) "fact" means and includes— (i) any thing, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. Illustrations. (i) That there are certain objects arranged in a certain order in a certain place, is a fact. (ii) That a person heard or saw something, is a fact. (iii) That a person said certain words, is a fact.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 3 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact; (g) "facts in issue" means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.—Whenever, under the provisions of the law for the time being in force relating to civil procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations. A is accused of the murder of B. At his trial, the following facts may be in issue:— (i) That A caused B's death. (ii) That A intended to cause B's death. (iii) That A had received grave and sudden provocation from B. (iv) That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature; (h) "may presume".—Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it; (i) "not proved".—A fact is said to be not proved when it is neither proved nor disproved; (j) "proved".—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; (k) "relevant".—A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts; (l) "shall presume".—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. (2) Words and expressions used herein and not defined but defined in the Information 21 of 2000. Technology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas. PART II CHAPTER II RELEVANCY OF FACTS 3. Evidence may be given in any suit or proceeding of the existence or non-existence Evidence may of every fact in issue and of such other facts as are hereinafter declared to be relevant, and be given of of no others. facts in issue and relevant Explanation.—This section shall not enable any person to give evidence of a fact facts. which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure.  4 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ 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, 1908. 5 of 1908. Closely connected facts Relevancy of 4. Facts which, though not in issue, are so connected with a fact in issue or a facts forming relevant fact as to form part of the same transaction, are relevant, whether they occurred at part of same transaction. the same time and place or at different times and places. Illustrations. (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. Facts which are 5. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant occasion, cause facts, or facts in issue, or which constitute the state of things under which they happened, or effect of facts in issue or or which afforded an opportunity for their occurrence or transaction, are relevant. relevant facts. Illustrations. (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts. Motive, 6. (1) Any fact is relevant which shows or constitutes a motive or preparation for any preparation fact in issue or relevant fact. and previous or subsequent conduct.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 5 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Adhiniyam. Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations. (a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (d) The question is, whether a certain document is the will of A. The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant. (e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. (f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence—"the police are coming to look for the person who robbed B", and that immediately afterwards A ran away, are relevant. (g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing—"I advise you not to trust A, for he owes B ten thousand rupees", and that A went away without making any answer, are relevant facts. (h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant. (i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.  6 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. Facts 7. Facts necessary to explain or introduce a fact in issue or relevant fact, or which necessary to support or rebut an inference suggested by a fact in issue or a relevant fact, or which explain or introduce fact establish the identity of anything, or person whose identity, is relevant, or fix the time or in issue or place at which any fact in issue or relevant fact happened, or which show the relation of relevant facts. parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Illustrations. (a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A—"I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue. (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it—"A says you are to hide this". B's statement is relevant as explanatory of a fact which is part of the transaction. (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. Things said or 8. Where there is reasonable ground to believe that two or more persons have done by conspired together to commit an offence or an actionable wrong, anything said, done or conspirator in reference to written by any one of such persons in reference to their common intention, after the time common when such intention was first entertained by any one of them, is a relevant fact as against design. each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustration. Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 7 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ G at Singapore the money which C had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it. 9. Facts not otherwise relevant are relevant— When facts not otherwise (1) if they are inconsistent with any fact in issue or relevant fact; relevant become (2) if by themselves or in connection with other facts they make the existence or relevant. non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations. (a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. 10. In suits in which damages are claimed, any fact which will enable the Court to Facts tending determine the amount of damages which ought to be awarded, is relevant. to enable Court to determine amount are relevant in suits for damages. 11. Where the question is as to the existence of any right or custom, the following Facts relevant facts are relevant— when right or custom is in (a) any transaction by which the right or custom in question was created, question. claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. Illustration. The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts. 12. Facts showing the existence of any state of mind, such as intention, knowledge, Facts showing good faith, negligence, rashness, ill-will or goodwill towards any particular person, or existence of state of mind, showing the existence of any state of body or bodily feeling, are relevant, when the existence or of body or of any such state of mind or body or bodily feeling is in issue or relevant. bodily feeling. Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.  8 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Illustrations. (a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. (b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit currency is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is relevant. (c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. (d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A. (h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A's good faith. (i) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters. (k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. (l) The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 9 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (m) The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts. (n) A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is relevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant. (o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. (p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. 13. When there is a question whether an act was accidental or intentional, or done Facts bearing with a particular knowledge or intention, the fact that such act formed part of a series of on question similar occurrences, in each of which the person doing the act was concerned, is relevant. whether act was accidental or intentional. Illustrations. (a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance company, are relevant, as tending to show that the fires were not accidental. (b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the delivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not accidental. 14. When there is a question whether a particular act was done, the existence of any Existence of course of business, according to which it naturally would have been done, is a relevant fact. course of business when relevant. Illustrations. (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. Admissions 15. An admission is a statement, oral or documentary or contained in electronic form, Admission which suggests any inference as to any fact in issue or relevant fact, and which is made by defined. any of the persons, and under the circumstances, hereinafter mentioned. 16. (1) Statements made by a party to the proceeding, or by an agent to any such Admission by party, whom the Court regards, under the circumstances of the case, as expressly or impliedly party to proceeding or authorised by him to make them, are admissions. his agent.  10 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (2) Statements made by— (i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or (ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements. Admissions by 17. Statements made by persons whose position or liability, it is necessary to prove persons whose as against any party to the suit, are admissions, if such statements would be relevant as position must be proved as against such persons in relation to such position or liability in a suit brought by or against against party them, and if they are made whilst the person making them occupies such position or is to suit. subject to such liability. Illustration. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. Admissions by 18. Statements made by persons to whom a party to the suit has expressly referred persons for information in reference to a matter in dispute are admissions. expressly referred to by Illustration. party to suit. The question is, whether a horse sold by A to B is sound. A says to B—"Go and ask C, C knows all about it". C's statement is an admission. Proof of 19. Admissions are relevant and may be proved as against the person who makes admissions them, or his representative in interest; but they cannot be proved by or on behalf of the against persons person who makes them or by his representative in interest, except in the following cases, making them, and by or on namely:— their behalf. (1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations. (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 11 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26. (c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26. (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts. 20. Oral admissions as to the contents of a document are not relevant, unless and When oral until the party proposing to prove them shows that he is entitled to give secondary evidence admissions as to contents of of the contents of such document under the rules hereinafter contained, or unless the documents are genuineness of a document produced is in question. relevant. 21. In civil cases no admission is relevant, if it is made either upon an express condition Admissions in that evidence of it is not to be given, or under circumstances from which the Court can infer civil cases when relevant. that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132. 22. A confession made by an accused person is irrelevant in a criminal proceeding, if Confession the making of the confession appears to the Court to have been caused by any inducement, caused by inducement, threat, coercion or promise having reference to the charge against the accused person, threat, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the coercion or accused person grounds which would appear to him reasonable for supposing that by promise, when irrelevant in making it he would gain any advantage or avoid any evil of a temporal nature in reference to criminal the proceedings against him: proceeding. Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. 23. (1) No confession made to a police officer shall be proved as against a person Confession to accused of any offence. police officer. (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:  12 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved. Consideration 24. When more persons than one are being tried jointly for the same offence, and a of proved confession made by one of such persons affecting himself and some other of such persons confession affecting is proved, the Court may take into consideration such confession as against such other person making person as well as against the person who makes such confession. it and others jointly under Explanation I.—"Offence", as used in this section, includes the abetment of, or trial for same attempt to commit, the offence. offence. Explanation II.—A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section. Illustrations. (a) A and B are jointly tried for the murder of C. It is proved that A said—"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said—"A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. Admissions 25. Admissions are not conclusive proof of the matters admitted but they may operate not conclusive as estoppels under the provisions hereinafter contained. proof, but may estop. Statements by persons who cannot be called as witnesses Cases in which 26. Statements, written or verbal, of relevant facts made by a person who is dead, or statement of who cannot be found, or who has become incapable of giving evidence, or whose attendance relevant fact by person who cannot be procured without an amount of delay or expense which under the circumstances is dead or of the case appears to the Court unreasonable, are themselves relevant facts in the following cannot be cases, namely:— found, etc., is relevant. (a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question; (b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him; (c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages; (d) when the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen;  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 13 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (e) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised; (f) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised; (g) when the statement is contained in any deed, will or other document which relates to any such transaction as is specified in clause (a) of section 11; (h) when the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. Illustrations. (a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was raped. The question is whether she was raped by B; or the question is, whether A was killed by B under such circumstances that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts. (b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a relevant fact. (c) The question is, whether A was in Nagpur on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in Nagpur, for the purpose of conferring with him upon specified business, is a relevant fact. (d) The question is, whether a ship sailed from Mumbai harbour on a given day. A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in Chennai, to whom the cargo was consigned, stating that the ship sailed on a given day from Mumbai port, is a relevant fact. (e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to A, saying that he had received the rent on A's account and held it at A's orders is a relevant fact. (f) The question is, whether A and B were legally married. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant. (g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant. (h) The question is, what was the cause of the wreck of a ship. A protest made by the captain, whose attendance cannot be procured, is a relevant fact. (i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the village, that the road was public, is a relevant fact. (j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased business person in the ordinary course of his business, is a relevant fact.  14 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his son, is a relevant fact. (l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact. (m) The question is, whether, and when, A and B were married. An entry in a memorandum book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact. (n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved. Relevancy of 27. Evidence given by a witness in a judicial proceeding, or before any person certain authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial evidence for proving, in proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which subsequent it states, when the witness is dead or cannot be found, or is incapable of giving evidence, proceeding, or is kept out of the way by the adverse party, or if his presence cannot be obtained without truth of facts an amount of delay or expense which, under the circumstances of the case, the Court therein stated. considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding. Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Statements made under special circumstances Entries in 28. Entries in the books of account, including those maintained in an electronic form, books of regularly kept in the course of business are relevant whenever they refer to a matter into account when relevant. which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. Illustration. A sues B for one thousand rupees, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt. Relevancy of 29. An entry in any public or other official book, register or record or an electronic entry in public record, stating a fact in issue or relevant fact, and made by a public servant in the discharge record or an electronic of his official duty, or by any other person in performance of a duty specially enjoined by record made in the law of the country in which such book, register or record or an electronic record, is kept, performance is itself a relevant fact. of duty. Relevancy of 30. Statements of facts in issue or relevant facts, made in published maps or charts statements in generally offered for public sale, or in maps or plans made under the authority of the Central maps, charts and plans. Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts. Relevancy of 31. When the Court has to form an opinion as to the existence of any fact of a public statement as nature, any statement of it, made in a recital contained in any Central Act or State Act or in to fact of public nature a Central Government or State Government notification appearing in the respective Official contained in Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, certain Acts or notifications. is a relevant fact.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 15 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ 32. When the Court has to form an opinion as to a law of any country, any statement Relevancy of of such law contained in a book purporting to be printed or published including in electronic statements as to any law or digital form under the authority of the Government of such country and to contain any contained in such law, and any report of a ruling of the Courts of such country contained in a book law books including in electronic or digital form purporting to be a report of such rulings, is relevant. including electronic or digital form. How much of a statement is to be proved 33. When any statement of which evidence is given forms part of a longer statement, What evidence or of a conversation or part of an isolated document, or is contained in a document which to be given when statement forms part of a book, or is contained in part of electronic record or of a connected series of forms part of a letters or papers, evidence shall be given of so much and no more of the statement, conversation, conversation, document, electronic record, book or series of letters or papers as the Court document, considers necessary in that particular case to the full understanding of the nature and effect electronic record, book or of the statement, and of the circumstances under which it was made. series of letters or papers. Judgments of Courts when relevant 34. The existence of any judgment, order or decree which by law prevents any Court Previous from taking cognizance of a suit or holding a trial, is a relevant fact when the question is judgments relevant to bar whether such Court ought to take cognizance of such suit or to hold such trial. a second suit or trial. 35. (1) A final judgment, order or decree of a competent Court or Tribunal, in the Relevancy of exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon certain judgments in or takes away from any person any legal character, or which declares any person to be probate, etc., entitled to any such character, or to be entitled to any specific thing, not as against any jurisdiction. specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. (2) Such judgment, order or decree is conclusive proof that— (i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation; (ii) any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; (iii) any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and (iv) anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property. 36. Judgments, orders or decrees other than those mentioned in section 35 are relevant Relevancy and if they relate to matters of a public nature relevant to the enquiry; but such judgments, effect of judgments, orders or decrees are not conclusive proof of that which they state. orders or decrees, other than those mentioned in section 35. Illustration. A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.  16 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Judgments, 37. Judgments or orders or decrees, other than those mentioned in sections 34, 35 etc., other and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in than those mentioned in issue, or is relevant under some other provision of this Adhiniyam. sections 34, 35 and 36 when Illustrations. relevant. (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. (d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue. Fraud or 38. Any party to a suit or other proceeding may show that any judgment, order or collusion in decree which is relevant under section 34, 35 or 36, and which has been proved by the obtaining judgment, or adverse party, was delivered by a Court not competent to deliver it, or was obtained by incompetency fraud or collusion. of Court, may be proved. Opinions of third persons when relevant Opinions of 39. (1) When the Court has to form an opinion upon a point of foreign law or of experts. science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Illustrations. (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the 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 a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the 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, or of knowing that what they do is either wrong or contrary to law, 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. The opinions of experts  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 17 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ on the question whether the two documents were written by the same person or by different persons, are relevant. (2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of 21 of 2000. the Information Technology Act, 2000, is a relevant fact. Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert. 40. Facts, not otherwise relevant, are relevant if they support or are inconsistent Facts bearing with the opinions of experts, when such opinions are relevant. upon opinions of experts. 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 certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. (b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant. 41. (1) When the Court has to form an opinion as to the person by whom any document Opinion as to was written or signed, the opinion of any person acquainted with the handwriting of the handwriting and signature, person by whom it is supposed to be written or signed that it was or was not written or when relevant. signed by that person, is a relevant fact. Explanation.—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. Illustration. The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, 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 the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write. (2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact. 42. When the Court has to form an opinion as to the existence of any general custom Opinion as to or right, the opinions, as to the existence of such custom or right, of persons who would be existence of general custom likely to know of its existence if it existed, are relevant. or right, when Explanation.—The expression "general custom or right" includes customs or rights relevant. common to any considerable class of persons. Illustration. The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section. 43. When the Court has to form an opinion as to— Opinion as to usages, tenets, (i) the usages and tenets of any body of men or family; etc., when relevant.  18 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts. Opinion on 44. When the Court has to form an opinion as to the relationship of one person to relationship, another, the opinion, expressed by conduct, as to the existence of such relationship, of any when relevant. 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 proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya 4 of 1869. Nyaya Sanhita, 2023. 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. Grounds of 45. Whenever the opinion of any living person is relevant, the grounds on which opinion, when such opinion is based are also relevant. relevant. Illustration. An expert may give an account of experiments performed by him for the purpose of forming his opinion. Character when relevant In civil cases 46. In civil cases the fact that the character of any person concerned is such as to character to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as prove conduct imputed, such character appears from facts otherwise relevant. irrelevant. In criminal 47. In criminal proceedings the fact that the person accused is of a good character, is cases previous relevant. good character relevant. Evidence of 48. In a prosecution for an offence under section 64, section 65, section 66, character or section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, previous sexual experience not section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any relevant in such offence, where the question of consent is in issue, evidence of the character of the certain cases. victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent. Previous bad 49. In criminal proceedings, the fact that the accused has a bad character, is irrelevant, character not unless evidence has been given that he has a good character, in which case it becomes relevant, except in reply. relevant. Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2.—A previous conviction is relevant as evidence of bad character.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 19 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ 50. In civil cases, the fact that the character of any person is such as to affect the Character as amount of damages which he ought to receive, is relevant. affecting damages. Explanation.—In this section and sections 46, 47 and 49, the word "character" includes both reputation and disposition; but, except as provided in section 49, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition has been shown. PART III ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED 51. No fact of which the Court will take judicial notice need be proved. Fact judicially noticeable need not be proved. 52. (1) The Court shall take judicial notice of the following facts, namely:— Facts of which Court shall (a) all laws in force in the territory of India including laws having extra-territorial take judicial operation; notice. (b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies; (c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures; (d) the seals of all Courts and Tribunals; (e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India; (f) the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette; (g) the existence, title and national flag of every country or sovereign recognised by the Government of India; (h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (i) the territory of India; (j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons; (k) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it; (l) the rule of the road on land or at sea. (2) In the cases referred to in sub-section (1) and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference and if the 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 such book or document as it may consider necessary to enable it to do so.  20 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Facts admitted 53. No fact needs to be proved in any proceeding which the parties thereto or their need not be agents agree to admit at the hearing, or which, before the hearing, they agree to admit by proved. any writing under their hands, or which by any rule of pleading in force at the time 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 OF ORAL EVIDENCE Proof of facts 54. All facts, except the contents of documents may be proved by oral evidence. by oral evidence. Oral evidence 55. Oral evidence shall, in all cases whatever, be direct; if it refers to,— to be direct. (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) 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; (iv) 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 the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the 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 amount of delay or expense which the Court regards as unreasonable: Provided further that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection. CHAPTER V OF DOCUMENTARY EVIDENCE Proof of 56. The contents of documents may be proved either by primary or by secondary contents of evidence. documents. Primary 57. Primary evidence means the document itself produced for the inspection of the evidence. Court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 3.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.  Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ 21 _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence. Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed. Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence. Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence. Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. 58. Secondary evidence includes— Secondary evidence. (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. 59. Documents shall be proved by primary evidence except in the cases hereinafter Proof of mentioned. documents by primary evidence.  22 THE GAZETTE OF INDIA EXTRAORDINARY _________________________________________________________ _________________________________________________________ [Part II— _________________________________________________________