IEA 144 — Evidence as to matters in writing

Indian Evidence Act, 1872

Statutory text

Any  witness  may  be  asked,  whilst  under  examination,
whether  any  contract,  grant  or  other  disposition  of  property,  as  to  which  he  is  giving  evidence,  was  not
contained  in  a  document,  and  if  he  says  that  it  was,  or  if  he  is  about  to  make  any  statement  as  to  the
contents  of  any  document,  which,  in  the  opinion  of the  Court,  ought  to  be  produced,  the  adverse  party
may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
Explanation.  ––  A  witness  may  give  oral  evidence  of  statements  made  by  other  persons  about  the contents of documents if such statements are in themselves relevant facts.
Illustration The question is, whether A assaulted B.
C deposes that he heard A say to D––  “B wrote a letter accusing me of theft, and I will be revenged on him.” This statement is relevant, as showing A’s motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

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