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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX II                                                    755

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 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 pro-
duction of such treatises if the author is dead or cannot be found, or has become incap-
able of giving evidence, or cannot be called as a witness without an amount of delay or
expense which the Court regards as unreasonable :

Provided also 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 pro-
duction of such material thing for its inspection.

Sec. 61. Proof of contents of documents.—The contents of documents may be proved
either by primary or by secondary evidence.

Sec. 62. Primary evidence.—Primary evidence means the document itself produced
for the inspection of the Court.

Explanation 1.—Where a document is executed in several parts, each part is primary
evidence of the document.

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 2.—Where a number of documents are all made by one uniform pro-
cess, 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. 63.   Secondary evidence.—Secondary evidence means and includes—

1.    Certified copies given under the provisions hereinafter contained;

2.    Copies made from the original by mechanical processes which in themselves
insure the accuracy of the copy, and copies compared with such copies ;

3.    Copies made from or compared with the original;

4.    Counterparts of documents as against the parties who did not execute them;

5.    Oral accounts of the contents of a document given by some person who has
himself seen it.

Sec, 107. Burden of proving death of person known to have been alive within
thirty years.—When the question is whether a man is alive or dead and it is shown that
he was alive within thirty years; the burden of proving that he is dead is on the person
who affirms it.

Sec. 108. Burden of proving that person is alive who has not been heard of for
seven years.—[Provided that when] the question is whether a man is alive or,dead, and
it is proved that he has not been heard of for seven years by those who would naturally
have heard of him if he had been alive, the burden of proving that he is alive is shifted
to the person who affirms it.

Sec. 112. Birth during marriage conclusive proof of legitimacy.—The fact that any
person was born during the continuance of a valid marriage between his mother and
any man or within 280 days after its dissolution, the mother remaining unmarried, shall
be conclusive proof that he is the legitimate son of that man, unless it can be shown
that the parties to the marriage had no access to each other at any time when he could
nave been begotten,

Sec. 118. Who may testify.—All persons shall be competent to testify unless the
Court considers that they are prevented from understanding the questions put to them,
or from giving rational answers to those questions, by tender years, extreme old age,
disease, whether of body or mind, or any other cause of the same kind.

Explanation.—A lunatic is not incompetent to testify, unless he is prevented "by his
lunacy from understanding the questions put to him and giving rational answers to
them.

Sec. 119. Dumb witness.—A witness who is unable to speak may give his evidence
in any other manner in which he can make it intelligible, as by writing, or by signs;
but such writing must be written and the signs made in open Court. Evidence so given
shall be deemed to be oral evidence.

Sec. 124. Official communication.—No public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that the public
interests would suffer by the disclosure.

Sec. 126, Professional communication,—No barrister, attorney, pleader, or vakil
shall at any time be permitted, unless witn his client's express consent, to dis-