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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX   II

THE INDIAN EVIDENCE ACT

(ACT I OF 1872)

Sec. 3. Interpretation clause.— In this Act the following words and expressions are
used in the following senses, unless a contrary intention appears from the context: —

"Court" includes all Judges and Magistrates, and all persons except arbitrators,
legally authorised to take evidence.                       *

"Fact" means and includes— (1) anything, state of things, or relation of things,
capable of being perceived by the senses ; (2) any mental condition of which any person
is conscious.

" Document " means any matter expressed or described upon any^ substance by
means of letters, figures or marks, or by more than one of those means, intended to be
used, or which may be used, for the purpose of recording that matter.

"Evidence" means and includes —

(1)  All statements which the Court permits or requires to be made before it by
witnesses in relation to matters of fact under inquiry ; such statements are called oral
evidence.

(2)  All documents produced for the inspection of the Court ; such documents are
called documentary evidence.

Sec. 32. Cases in which statement of relevant fact by person who is dead or cannot
be found, etc., is relevant. — Statement, written or verbal, of relevant facts made by a
person who is dead, or who cannot be found, or who has become incapable of giving
evidence, or whose attendance cannot be procured without an amount of delay or
expenses which, under the circumstances of the case, appears to the Court unreasonable
are themselves relevant facts in the following cases : —

When the statement is made by the 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 the 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 be the
nature of the proceeding in which the cause of his death comes into question.

Sec. 33. Relevancy of certain evidence for proving in subsequent proceeding, the
truth of facts, therein stated.— Evidence given by a witness in a judicial proceeding, or
before any person authorised by law to take it, is relevant for the purpose of proving,
in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding,
the truth of the facts which it states, when the witness is dead or cannot be found or
is incapable of giving evidence, or is kept out of the way by the adverse party, or if his
presence cannot be obtained without an amount of delay or expense which, under the
circumstances of the case, the Court 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 ;

that the questions in issue were substantially the same in the first as in the second
proceeding.

Sec. 45. Opinions of Experts.— When the 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 im-
pressions the opinions upon that point of persons specially skilled in such foreign law,
science, or art or in questions as to identity or handwriting or finger impressions are
relevant facts. Such persons are called experts.

Sec. 46. Facts bearing upon Opinions of Experts.— Facts, not otherwise relevant,
are relevant if they support or are inconsistent with the opinions of experts, when such
opinions are relevant.

Sec. 59. Proof of facts by oral evidence.— All facts, except the contents of docu-
ments, may be proved by oral evidence.

Sec. 60. Oral evidence must be direct.— Oral evidence must, in all cases whatever,
be direct ; that is to say-

says he^sa^it -to a faCt WMch C°Uld be Seen' U must be the evidence of a witness who