IEA 5 — Evidence may be given of facts in issue and relevant facts

Indian Evidence Act, 1872

Statutory text

Evidence may be given in any suit or  proceeding  of  the  existence  of  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 Procedure

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Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue:––
 A’s beating B with the club;
 A’s causing B’s death by such beating;
 A’s intention to cause B’s 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  the  proceedings, otherwise  than  in  accordance  with  the  conditions
prescribed by the Code of Civil Procedure

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