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Section 5 - Indian Evidence Act, 1872
5. Evidence may be given of facts in issue and relevant facts
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
Explanation This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure10
Illustrations
A is tried for the murder of B by beating him with a club with the intention of causing his death.
At As trial the following facts are in issue:-
As beating B with the club;
A's causing B's death by such beating;
As intention to cause Bs 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 he proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Producer10
Related Sections
- Section 131: Production of documents or electronic records which another person, having possession, could refuse to produce
- Section 105: Burden of proving that case of accused comes within exceptions.
- Section 106: Burden of proving fact especially within knowledge
- Section 81A: Presumption as to Gazettes in electronic forms
- Section 122: Communications during marriage