Act Comparison: Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023
| Old Act Section | New Act Section | Notes |
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1 - Short title, application and commencement
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2 - Definitions
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Definitions. (Change)
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2 - Definitions
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3 - Evidence may be given of facts in issue and relevant facts
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4 - Relevancy of facts forming part of same transaction
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5 - Facts which are occasion, cause or effect of facts in issue or relevant facts
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6 - Motive, Preparation and previous or subsequent conduct
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7 - Facts necessary to explain or introduce fact in issue or relevant facts
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8 - Things said or done by conspirator in reference to common design
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9 - When facts not otherwise relevant become relevant
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10 - Facts tending to enable Court to determine amount are relevant in suits for damages
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11 - Facts relevant when right or custom is in question
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12 - Facts showing existence of state of mind, or of body or bodily feeling
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Only numbering change
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13 - Facts bearing on question whether act was accidental or intentional
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14 - Existence of course of business when relevant
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15 - Admission defined
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16 - Admission by party to proceeding or his agent
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17 - Admissions by persons whose position must be proved as against party to suit
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18 - Admissions by persons expressly referred to by party to suit
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19 - Proof of admissions against persons making them, and by or on their behalf
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20 - When oral admissions as to contents of documents are relevant
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Schedule - Certificate
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Deleted | |
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20 - When oral admissions as to contents of documents are relevant
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Schedule - Certificate
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Deleted | |
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21 - Admissions in civil cases when relevant
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22 - Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
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23 - Confession to police officer
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23 - Confession to police officer
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23 - Confession to police officer
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23. Proviso
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22 - Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
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22. Proviso 1
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22 - Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
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22. Proviso 2
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24 - Consideration of proved confession affecting person making it and others jointly under trial for same offence
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25 - Admissions not conclusive proof, but may estop
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26 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
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27 - Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
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28 - Entries in books of account when relevant
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29 - Relevancy of entry in public record or an electronic record made in performance of duty
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30 - Relevancy of statements in maps, charts and plans
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31 - Relevancy of statement as to fact of public nature contained in certain Acts or notifications
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32 - Relevancy of statements as to any law contained in law books including electronic or digital form
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33 - What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
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34 - Previous judgments relevant to bar a second suit or trial
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35 - Relevancy of certain judgments in probate, etc., jurisdiction
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36 - Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
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37 - Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
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38 - Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
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39 - Opinions of experts
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39 - Opinions of experts
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40 - Facts bearing upon opinions of experts
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41 - Opinion as to handwriting and signature, when relevant
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41 - Opinion as to handwriting and signature, when relevant
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41 - Opinion as to handwriting and signature, when relevant
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41 - Opinion as to handwriting and signature, when relevant
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42 - Opinion as to existence of general custom or right, when relevant
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43 - Opinion as to usages, tenets, etc., when relevant
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44 - Opinion on relationship, when relevant
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46 - In civil cases character to prove conduct imputed, irrelevant
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47 - In criminal cases previous good character relevant
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48 - Evidence of character or previous sexual experience not relevant in certain cases
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49 - Previous bad character not relevant, except in reply
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50 - Character as Affecting damages
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51 - Fact judicially noticeable need not be proved
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52 - Facts of which Court shall take judicial notice
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53 - Facts admitted need not be proved
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54 - Proof of facts by oral evidence
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55 - Oral evidence to be direct
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56 - Proof of contents of documents
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57 - Primary Evidence
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58 - Secondary Evidence
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59 - Proof of documents by primary evidence
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60 - Cases in which secondary evidence relating to documents may be given
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62 - Special provisions as to evidence relating to electronic record
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63 - Admissibility of electronic records
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60 - Cases in which secondary evidence relating to documents may be given
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62 - Special provisions as to evidence relating to electronic record
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63 - Admissibility of electronic records
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60 - Cases in which secondary evidence relating to documents may be given
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62 - Special provisions as to evidence relating to electronic record
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63 - Admissibility of electronic records
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64 - Rules as to notice to produce
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65 - Proof of signature and handwriting of person alleged to have signed or written document produced
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66 - Proof as to Electronic signature
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65 - Proof of signature and handwriting of person alleged to have signed or written document produced
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66 - Proof as to Electronic signature
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67 - Proof of execution of document required by law to be attested
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68 - Proof where no attesting witness found
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69 - Admission of execution by party to attested document
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70 - Proof when Attesting witness denies execution
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71 - Proof of document not required by law to be attested
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72 - Comparison of signature, writing or seal with others admitted or proved
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73 - Proof as to verification of digital signature
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72 - Comparison of signature, writing or seal with others admitted or proved
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73 - Proof as to verification of digital signature
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74 - Public and private documents
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74 - Public and private documents
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75 - Certified copies of public documents
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76 - Proof of documents by production of certified copies
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77 - Proof of other official documents
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78 - Presumption as to genuineness of certified copies
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79 - Presumption as to documents produced as record of evidence, etc
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80 - Presumption as to Gazettes, newspapers, and other documents
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81 - Presumption as to Gazettes in electronic or digital record
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80 - Presumption as to Gazettes, newspapers, and other documents
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81 - Presumption as to Gazettes in electronic or digital record
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Schedule - Certificate
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82 - Presumption as to maps or plans made by authority of Government
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83 - Presumption as to collections of laws and reports of decisions
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84 - Presumption as to powersof-attorney
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85 - Presumption as to electronic agreements
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86 - Presumption as to electronic records and electronic signatures
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87 - Presumption as to Electronic Signature Certificates
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84 - Presumption as to powersof-attorney
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85 - Presumption as to electronic agreements
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86 - Presumption as to electronic records and electronic signatures
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87 - Presumption as to Electronic Signature Certificates
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84 - Presumption as to powersof-attorney
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85 - Presumption as to electronic agreements
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86 - Presumption as to electronic records and electronic signatures
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87 - Presumption as to Electronic Signature Certificates
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84 - Presumption as to powersof-attorney
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85 - Presumption as to electronic agreements
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86 - Presumption as to electronic records and electronic signatures
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87 - Presumption as to Electronic Signature Certificates
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88 - Presumption as to certified copies of foreign judicial records
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89 - Presumption as to books, maps and charts
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90 - Presumption as to electronic messages
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Schedule - Certificate
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Deleted | |
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90 - Presumption as to electronic messages
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Schedule - Certificate
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Deleted | |
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91 - Presumption as to due execution, etc., of documents not produced
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92 - Presumption as to documents thirty years old
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93 - Presumption as to electronic records five years old
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92 - Presumption as to documents thirty years old
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93 - Presumption as to electronic records five years old
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94 - Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
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95 - Exclusion of evidence of oral agreement
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96 - Exclusion of evidence to explain or amend ambiguous document
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97 - Exclusion of Evidence against application of document to existing facts
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98 - Evidence as to document unmeaning in reference to existing facts
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99 - Evidence as to application of language which can apply to one only of several persons
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100 - Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
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101 - Evidence as to meaning of illegible characters, etc
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102 - Who may give evidence of agreement varying terms of document
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103 - Saving of provisions of Indian Succession Act relating to wills
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104 - Burden of proof
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105 - On whom burden of proof lies
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106 - Burden of proof as to particular fact
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107 - Burden of proving fact to be proved to make evidence admissible
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108 - Burden of proving that case of accused comes within exceptions
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109 - Burden of proving fact especially within knowledge
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110 - Burden of proving death of person known to have been alive within thirty years
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111 - Burden of proving that person is alive who has not been heard of for seven years
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112 - Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
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113 - Burden of proof as to ownership
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114 - Proof of good faith in transactions where one party is in relation of active confidence
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115 - Presumption as to certain offences
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114 - Proof of good faith in transactions where one party is in relation of active confidence
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115 - Presumption as to certain offences
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116 - Birth during marriage, conclusive proof of legitimacy
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117 - Presumption as to abetment of suicide by a married woman
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118 - Presumption as to dowry death
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Schedule - Certificate
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Deleted | |
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117 - Presumption as to abetment of suicide by a married woman
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118 - Presumption as to dowry death
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Schedule - Certificate
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Deleted | |
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117 - Presumption as to abetment of suicide by a married woman
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118 - Presumption as to dowry death
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Schedule - Certificate
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Deleted | |
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119 - Court may Presume existence of certain facts
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120 - Presumption as to absence of consent in certain prosecution for rape
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119 - Court may Presume existence of certain facts
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120 - Presumption as to absence of consent in certain prosecution for rape
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121 - Estoppel
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122 - Estoppel of tenant and of licensee of person in possession
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123 - Estoppel of acceptor of bill of exchange, bailee or licensee
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124 - Who may testify
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125 - Witness unable to communicate verbally
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126 - Competency of husband and wife as witnesses in certain cases
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127 - Judges and Magistrates
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128 - Communications During marriage
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129 - Evidence as to affairs of State
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130 - Official communications
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131 - Information as to commission of offences
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132 - Professional communications
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132 - Professional communications
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133 - Privilege not waived by volunteering evidence
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134 - Confidential communication with legal advisers
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135 - Production of title-deeds of witness not a party
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136 - Production of documents or electronic records which another person, having possession, could refuse to produce
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137 - Witness not excused from answering on ground that answer will criminate
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138 - Accomplice
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139 - Number of witnesses
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140 - Order of production and examination of witnesses
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141 - Judge to decide as to admissibility of evidence
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142 - Examination of witnesses
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143 - Order of examinations
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144 - Cross-examination of person called to produce a document
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145 - Witnesses to character
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146 - Leading questions
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146 - Leading questions
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146 - Leading questions
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147 - Evidence as to matters in writing
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148 - Cross-examination as to previous statements in writing
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149 - Questions lawful in cross-examination
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150 - When witness to be compelled to answer
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151 - Court to decide when question shall be asked and when witness compelled to answer
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152 - Question not to be asked without reasonable grounds
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153 - Procedure of Court in case of question being asked without reasonable grounds
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154 - Indecent and scandalous questions
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155 - Questions intended to insult or annoy
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156 - Exclusion of evidence to contradict answers to questions testing veracity
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157 - Question by party to his own witness
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158 - Impeaching credit of witness
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159 - Questions tending to corroborate evidence of relevant fact, admissible
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160 - Former statements of witness may be proved to corroborate later testimony as to same fact
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161 - What matters may be proved in connection with proved statement relevant under section 26 or 27
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162 - Refreshing memory
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163 - Testimony to facts stated in document mentioned in section 162
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164 - Right of adverse party as to writing used to refresh memory
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165 - Production of documents
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166 - Giving, as evidence, of document called for and produced on notice
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167 - Using, as evidence, of document production of which was refused on notice
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168 - Judge's power to put questions or order production
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Schedule - Certificate
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Deleted | |
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169 - No new trial for improper admission or rejection of evidence
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