LexThe INDIAN-EVIDENCE-ACT-1872
Madhya Pradesh · state statute
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THE INDIAN EVIDENCE ACT, 1872
ACT No. 1 OF 1872*
[15th March, 1872.]
Preamble.
Preamble.-WHEREAS it is expedient to consolidate, define and
amend the law of Evidence;
It is hereby enacted as follows:--
PART I
RELEVANCY OF FACTS
PART I
RELEVANCY OF FACTS
CHAPTER I
PRELIMINARY
CHAPTER I.-PRELIMINARY
1.
Short title.
Extent.
Commencement of Act.
1. Short title.-This Act may be called the Indian Evidence Act,
1872.
Extent.
Extent.-It extends to the whole of India 1*[except the State of Jammu
and Kashmir] and applies to all judicial proceedings in or before any
Court, including Courts-martial, 2*[other than Courts-martial convened
under the Army Act, (29 & 30 Vict., c. 109)] 3*[the Naval Discipline
Act or 4*** the Indian Navy (Discipline) Act, 1934 (34 of 1934),]
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5*[or the Air Force Act] (7 Geo. 5, c. 51.) but not to affidavits 6*
presented to any Court or officer, nor to proceedings before an
arbitrator;
Commencement of Act.
Commencement of Act.-And it shall come into force on the first day of
September, 1872.
2.
Repeal of enactments.
2. [Repeal of enactments.] Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and Sch.
3.
Interpretation clause.
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."
"Court" includes all Judges 7* and Magistrates 8*, and all
persons, except arbitrators, legally authorized to take
evidence.
1 Extended to and brought into force in Dadra and Nagar Haveli (w.e.f.
1.7.65) by Reg. 6 of 1963, s.2 & Sch. I.
2 The Act comes into force in Pondicherry on 1.10.1963 vide Re. 7 of
1963, s. 3 and Sch. I.
3 Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 & Sch.
4 Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f.
1-10-1067); vide Reg. 8 of 1965, s. 3 & Sch.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B
States".
2. Ins. by Act 18 of 1919, s. 2 and Sch. I. See s. 127 of the Army
Act (44 and 45 Vict., c. 58).
3. Ins. by Act 35 of 1934, s. 2 and Sch.
4. The words "that Act as modified by" rep. by the A. O. 1950.
5. Ins. by Act 10 of 1927, s. 2 and Sch. I.
6. As to practice relating to affidavits, see the Code of Civil
2
Procedure, 1908 (Act 5 of 1908), s. 30 (c) and Sch. I, Order XIX.
See also the Code of Criminal Procedure, 1898 (Act 5 of 1898), ss.
539 and 539A.
7. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 2, the
Indian Penal Code (Act 45 of 1860), s. 19; and, for a definition
of "District Judge", the General Clauses Act, 1897 (10 of 1897),
s. 3 (17).
8. Cf. the General Clauses Act, 1897 (10 of 1897), s. 3 (32) and
Code of Criminal Procedure, 1898 (Act 5 of 1898).
*Amended in W. Bengal by W. Ben. Act 20 of 1960.
Amended in Tamil Nadu by T.N. Act 67 of 1979.
"Fact."
"Fact" means and includes--
(1) any thing, state of things, or relation of
things, capable of being perceived by the senses;
(2) any mental condition of which any person is
conscious.
Illustrations
(a) That there are certain objects arranged in a certain order in
a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention,
acts in good faith or fraudulently, or uses a particular word in a
particular sense, or is or was at a specified time conscious of a
particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.
"Relevant."
One fact is said to be relevant to another when the one is
connected with the other in any of the ways referred to in
the provisions of this Act relating to the relevancy of
facts.
"Facts in issue."
The expression "facts in issue" means and includes--
any fact from which, either by itself or in connection
with other facts, the existence, non-existence, nature or
extent of any right, liability, or disability, asserted or
denied in any suit or proceeding, necessarily follows.
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Explanation.--Whenever, under the provisions of the law for the
time being in force relating to Civil Procedure, 1* any
Court records an issue of fact, the fact to be asserted or
denied in the answer to such issue is a fact in issue.
Illustrations
A is accused of the murder of B.
At his trial the following facts may be in issue:--
that A caused B's death;
that A intended to cause B's death;
that A had received grave and sudden provocation from B;
that A, at the time of doing the act which caused B's death, was,
by reason of unsoundness of mind, incapable of knowing its
nature.
1. See now Code of Civil Procedure, 1908 (Act 5 of 1908); as to the
settlement of issues, see Sch. I, Order XIV.
"Document".
"Document" 1* 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.
Illustrations
A writing 2* is a document:
2* Words printed lithographed or photographed are documents:
A map or plan is a document:
An inscription on a metal plate or stone is a document:
A caricature is a document.
"Evidence."
"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
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Court;
such documents are called documentary evidence.
"Proved."
A fact is said to be proved when, after considering the matters
before it, the Court either believes it to exist, or
considers its existence so probable that a prudent man
ought, under the circumstances of the particular case, to
act upon the supposition that it exists.
"Disproved."
A fact is said to be disproved when, after considering the
matters before it, the Court either believes that it does
not exist, or considers its non-existence so probable that a
prudent man ought, under the circumstances of the particular
case, to act upon the supposition that it does not exist.
"Not proved."
A fact is said not to be proved when it is neither proved nor
disproved.
"India."
3*["India" means the territory of India excluding the State of
Jammu and Kashmir.]
1. Cf. the Indian Penal Code (Act 45 of 1860), s. 29 and the General
Clauses Act, 1897 (10 of 1897), s. 3 (18).
2. Cf. definition of "writing" in the General Clauses Act, 1897 (10
of 1897), s. 3 (65).
3. Subs. by Act 3 of 1951, s. 3 and Sch., for the definition of
"State" and "States" which was ins. by the A. O. 1950.
4.
"May presume."
"Shall Presume."
"Conclusive proof."
4. "May presume."-Whenever it is provided by this Act that the
Court may presume a fact, it may either regard such fact as proved,
unless and until it is disproved, or may call for proof of it:
"Shall presume."-Whenever it is directed by this Act that the Court
shall presume a fact, it shall regard such fact as proved, unless and
until it is disproved:
"Conclusive proof."-When one fact is declared by this Act to be
conclusive proof of another, the Court shall, on proof of the one
fact, regard the other as proved, and shall not allow evidence to be
given for the purpose of disproving it.
CHAPTER II
OF THE RELEVANCY OF FACTS
CHAPTER II. OF THE RELEVANCY OF FACTS
5.
Evidence may be given of facts in issue and relevant facts.
5. Evidence may be given of facts in issue and relevant facts. -
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. 1*
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 1*.
6.
Relevancy of facts forming part of same transaction.
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6. Relevancy of facts forming part of same transaction.-Facts
which, though not in issue, are so connected with a fact in issue as
to form part of the same transaction, are relevant, whether they
occurred at the same time and place or at different times and places.
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was
said or done by A or B or the by-standers at the beating, or so
shortly before or after it as to form part of the transaction, is a
relevant fact.
(b) A is accused of waging war against the 1*[Government of
India] by taking part in an armed insurrection in which property is
destroyed, troops are attacked and gaols are broken open. The
occurrence of these facts is relevant, as forming part of the general
transaction, though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a
correspondence. Letters between the parties relating to the subject
out of which the libel arose, and forming part of the correspondence
in which it is contained, are relevant facts, though they do not
contain the libel itself.
(d) The question is, whether certain goods ordered from B were
delivered to A. The goods were delivered to several intermediate
persons successively. Each delivery is a relevant fact.
7.
Facts which are the occasion, cause or effect of facts in issue.
7. Facts which are the occasion, cause or effect of facts in
issue.-Facts which are the occasion, cause or effect, immediate or
otherwise, of relevant facts, or facts in issue, or which constitute
the state of things under which they happened, which afforded an
opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with
money in his possession, and that he showed it or mentioned the fact
that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place
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where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B.
The state of B's health before the symptoms ascribed to poison,
and habits of B, known to A, which afforded an opportunity for the
administration of poison, are relevant facts.
8.
Motive, preparation and previous or subsequent conduct.
8. Motive, preparation and previous or subsequent conduct.-Any
fact is relevant which shows or constitutes a motive or preparation
for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any
suit or proceeding, in reference to such suit or proceeding, or in
reference to any fact in issue therein or relevant thereto, and the
conduct of any person an offence against whom is the subject of any
proceeding, is relevant, if such conduct influences or is influenced
by any fact in issue or relevant fact, and whether it was previous or
subsequent thereto.
1. Subs. by the A. O. 1950 for "Queen".
Explanation 1.--The word "conduct" in this section does not
include statements, unless those statements accompany and explain acts
other than statements; but this explanation is not to affect the
relevancy of statements under any other section of this Act.
Explanation 2.--When the conduct of any person is relevant, any
statement made to him or in his presence and hearing, which affects
such conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C,
and that B had tried to extort money from A by threatening to make his
knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the
making of the bond.
The fact that, at the time when the bond was alleged to be made,
B required money for a particular purpose, is relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar
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to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before the date of the alleged will, A
made inquiry into matters to which the provisions of the alleged will
relate, that he consulted vakils in reference to making the will, and
that he caused drafts of other wills to be prepared of which he did
not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before or at the time of, or after the
alleged crime, A provided evidence which would tend to give to the
facts of the case an appearance favourable to himself, or that he
destroyed or concealed evidence, or prevented the presence or procured
the absence of persons who might have been witnesses, or suborned
persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A's presence- "the
police are coming to look for the man who robbed B," and that
immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C
in A's presence and hearing- "I advise you not to trust A, for he owes
B 10,000 rupees," and that A went away without making any answer, are
relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a letter warning him
that inquiry was being made for the criminal, and the contents of the
letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he
absconded, or was in possession of property or the proceeds of
property acquired by the
crime, or attempted to conceal things which were or might have been
used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a
complaint relating to the crime, the circumstances under which, and
the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had
been ravished is not relevant as conduct under this section, though it
may be relevant as a dying declaration under section 32, clause (1),
or as corroborative evidence under section 157.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a
complaint relating to the offence, the circumstances under which, and
the terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed without making any
complaint, is not relevant, as conduct under this section, though it
may be relevant as a dying declaration under section 32, clause (1),
or as corroborative evidence under section 157.
9.
Facts necessary to explain or introduce relevant facts.
9. Facts necessary to explain or introduce relevant facts.-Facts
necessary to explain or introduce a fact in issue or relevant fact, or
which support or rebut an inference suggested by a fact in issue or
relevant fact, or which establish the identity of any thing or person
whose identity is relevant, or fix the time or place at which any fact
in issue or relevant fact happened, or which show the relation of
parties by whom any such fact was transacted, are relevant in so far
as they are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of A's property and of his family at the date of the
alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A ; B
affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the
libel was published may be relevant facts as introductory to the facts
in issue.
The particulars of a dispute between A and B about a matter
unconnected with the alleged libel are irrelevant, though the fact
that there was a dispute may be relevant if it affected the relations
between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A
absconded from his house, is relevant under section 8, as conduct
subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and
urgent business at the place to which he went, is relevant, as tending
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to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant,
except in so far as they are necessary to show that the business was
sudden and urgent.
(d) A sues B for inducing C to break a contract of service made
by him with A. C, on leaving A's service, says to A-"I am leaving you
because B has made me a better offer." This statement is a relevant
fact as explanatory of C's conduct, which is relevant as a fact in
issue.
(e) A, accused of theft, is seen to give the stolen property to
B, who is seen to give it to A's wife. B says as he delivers it-"A
says your are to hide this." B's statement is relevant as explanatory
of a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the
head of a mob. The cries of the mob are relevant as explanatory of the
nature of the transaction.
10.
Things said or done by conspirator in reference to common design.
10. Things said or done by conspirator in reference to common
design. Where there is reasonable round to believe that two or more
persons have conspired together to commit an offence or an actionable
wrong, anything said, done or written by any one of such persons in
reference to their common intention, after the time when such
intention was first entertained by any one of them, is a relevant fact
as against each of the persons believed to be so conspiring, as well
for the purpose of proving the existence of the conspiracy as for the
purpose of showing that any such person was a party to it.
Illustration
Reasonable ground exists for believing that A has joined in a
conspiracy to wage war against the 1*[Government of India].
The facts that B procured arms in Europe for the purpose of the
conspiracy, C collected money in Calcutta for a like object, D
persuaded persons to join the conspiracy in Bombay, E published
writings advocating the object in view at Agra, and F transmitted from
Delhi to G at Kabul the money which C had collected at Calcutta, and
the contents of a letter written by H giving an account of the
conspiracy, are each relevant, both to prove the existence of the
conspiracy, and to prove A's complicity in it, although he may have
been ignorant of all of them, and although the persons by whom they
were done were strangers to him, and although they may have taken
place before he joined the conspiracy or after he left it.
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11.
When facts not otherwise relevant become relevant.
11. When facts not otherwise relevant become relevant.-Facts not
otherwise relevant are relevant--
(1) if they are inconsistent with any fact in issue or
relevant fact;
(2) if by themselves or in connection with other facts they
make the existence or non-existence of any fact in
issue or relevant fact highly probable or improbable.
Illustrations
(a) The question is whether A committed a crime at Calcutta on a
certain day.
The fact that, on that day, A was at Lahore is relevant.
1. Subs. by the A. O. 1950 for "Queen".
The fact that, near the time when the crime was committed, A was
at a distance from the place where it was committed, which would
render it highly improbable, though not impossible, that he committed
it, is relevant.
(b) The question is, whether A committed a crime.
The circumstances are such that the crime must have been
committed either by A, B, C or D. Every fact which shows that the
crime could have been committed by no one else and that it was not
committed by either B, C or D, is relevant.
12.
In suits for damages, facts tending to enable Court to determine
amount are relevant.
12. In suits for damages, facts tending to enable Court to
determine amount are relevant. In suits in which damages are claimed,
any fact which will enable the Court to determine the amount of
damages which ought to be awarded, is relevant.
13.
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Facts relevant when right or custom is in question.
13. Facts relevant when right or custom is in question.-Where the
question is as to the existence of any right or custom, the following
facts are relevant:-
(a) any transaction by which the right or custom in question
was created, claimed, modified, recognized, asserted or
denied, or which was inconsistent with its existence:
(b) particular instances in which the right or custom was
claimed, recognized or exercised, or in which its
exercise was disputed, asserted or departed from.
Illustration.
The question is whether A has a right to a fishery. A deed
conferring the fishery on A's ancestors, a mortgage of the fishery by
A's father, a subsequent grant of the fishery by A's father,
irreconcilable with the mortgage, particular instances in which A's
father exercised the right, or in which the exercise of the right was
stopped by A's neighbours, are relevant facts.
14.
Facts showing existence of state of mind, or of body, or bodily
feeling.
14. Facts showing existence of state of mind, or of body, of
bodily feeling.-Facts showing the existence of any state of mind, such
as intention, knowledge, good faith, negligence, rashness, ill-will or
good-will towards any particular person, or showing the existence of
any state of body or bodily feeling, are relevant, when the existence
of any such state of mind or body or bodily feeling, is in issue or
relevant.
1*[Explanation 1.--A fact relevant as showing the existence of a
relevant state of mind must show that the state of mind exists, not
generally, but in reference to the particular matter in question.
Explanation 2.--But where, upon the trial of a person accused of
an offence, the previous commission by the accused of an offence is
1. Subs. by Act 3 of 1891, s. 1, for the original Explanation.
relevant within the meaning of this section, the previous conviction
of such person shall also be a relevant fact. 1*]
Illustrations.
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(a) A is accused of receiving stolen goods knowing them to be
stolen. It is proved that he was in possession of a particular stolen
article.
The fact that, at the same time, he was in possession of many
other stolen articles is relevant, as tending to show that he knew
each and all of the articles of which he was in possession to be
stolen.
2*[(b) A is accused of fraudulently delivering to another person
a counterfeit coin which, at the time when he delivered it, he knew to
be counterfeit.
The fact that, at the time of its delivery, A was possessed of a
number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to
another person as genuine a counterfeit coin knowing it to be
counterfeit is relevant.]
(c) A sues B for damage done by a dog of B's which B knew to be
ferocious.
The facts that the dog had previously bitten X, Y and Z, and that
they had made complaints to B, are relevant.
(d) The question is whether A, the acceptor of a bill of
exchange, knew that the name of a payee was fictitious.
The fact that A had accepted other bills drawn in the same manner
before they could have been transmitted to him by the payee if the
payee had been a real person, is relevant, as showing that A knew that
the payee was a fictitious person.
(e) A is accused of defaming B by publishing an imputation
intended to harm the reputation of B.
The fact of previous publications by A respecting B, showing ill-
will on the part of A towards B is relevant, as proving A's intention
to harm B's reputation by the particular publication in question.
The facts that there was no previous quarrel between A and B, and
that A repeated the matter complained of as he heard it, are relevant,
as showing that A did not intend to harm the reputation of B.
(f) A is sued by B for fraudulently representing to B that C was
solvent, whereby B, being induced to trust C, who was insolvent,
suffered loss.
The fact that, at the time when A represented C to be solvent, C
was supposed to be solvent by his neighbours and by persons dealing
with him, is relevant, as showing that A made the representation in
good faith.
(g) A is sued by B for the price of work done by B, upon a house
of which A is owner, by the order of C, a contractor.
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A's defence is that B's contract was with C.
The fact that A paid C for the work in question is relevant, as
proving that A did, in good faith, make over to C the management of
the work in question, so that C was in a position to contract with B
on C's own account, and not as agent for A.
1. See the Code of Criminal Procedure, 1898 (Act 5 of 1898), s. 311.
2. Subs. by Act 3 of 1891, s. 1, for the original illustration (b).
(h) A is accused of the dishonest misappropriation of property
which he had found, and the question is whether, when he appropriated
it, he believed in good faith that the real owner could not be found.
The fact that public notice of the loss of the property had been
given in the place where A was, is relevant, as showing that A did not
in good faith believe that the real owner of the property could not be
found.
The fact that A knew, or had reason to believe, that the notice
was given fraudulently by C, who had heard of the loss of the property
and wished to set up a false claim to it, is relevant, as showing that
the fact that A knew of the notice did not disprove A's good faith.
(i) A is charged with shooting at B with intent to kill him, In
order to show A's intent the fact of A's having previously shot at B
may be proved.
(j) A is charged with sending threatening letters to B.
Threatening letters previously sent by A to B may be proved, as
showing the intention of the letters.
(k) The question is, whether A has been guilty of cruelty towards
B, his wife.
Expressions of their feeling towards each other shortly before or
after the alleged cruelty are relevant facts.
(l) The question is whether A's death was caused by poison.
Statements made by A during his illness as to his symptoms are
relevant facts.
(m) The question is, what was the state of A's health at the time
when an assurance on his life was effected.
Statements made by A as to the state of his health at or near the
time in question are relevant facts.
(n) A sues B for negligence in providing him with a carriage for
hire not reasonably fit for use, whereby A was injured.
The fact that B's attention was drawn on other occasions to the
defect of that particular carriage is relevant.
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The fact that B was habitually negligent about the carriages
which he let to hire is irrelevant.
(o) A is tried for the murder of B by intentionally shooting him
dead.
The fact that A on other occasions shot at B is relevant as
showing his intention to shoot B.
The fact that A was in the habit of shooting at people with
intent to murder them, is irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating an intention to commit
that particular crime is relevant.
The fact that he said something indicating a general disposition
to commit crimes of that class is irrelevant.
15.
Facts bearing on question whether act was accidental or intentional.
15. Facts bearing on question whether act was accidental or
intentional.-When there is a question whether an act was accidental or
intentional, 1*[or done with a particular knowledge or intention,] the
fact that such act formed part of a series of similar occurrences, in
each of which the person doing the act was concerned, is relevant.
1. Ins. by Act 3 of 1891, s. 2.
Illustrations
(a) A is accused of burning down his house in order to obtain
money for which it is insured.
The facts that A lived in several houses successively each of
which he insured, in each of which a fire occurred, and after each of
which fires A received payment from a different insurance office, are
relevant, as tending to show that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is
A's duty to make entries in a book showing the amounts received by
him. He makes an entry showing that on a particular occasion he
received less than he really did receive.
The question is, whether this false entry was accidental or
intentional.
The facts that other entries made by A in the same book are
false, and that the false entry is in each case in favour of A, are
relevant.
(c) A is accused of fraudulently delivering to B a counterfeit
rupee.
The question is, whether the delivery of the rupee was
accidental.
The facts that, soon before or soon after the delivery to B, A
delivered counterfeit rupees to C, D and E are relevant, as showing
that the delivery to B was not accidental.
16.
Existence of course of business when relevant.
16. Existence of course of business when relevant.-When there is
a question whether a particular act was done, the existence of any
course of business, according to which it naturally would have been
done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The facts that it was the ordinary course of business for all
letters put in a certain place to be carried to the post, and that
particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The
facts that it was posted in due course, and was not returned through
the Dead Letter Office, are relevant.
ADMISSIONS
17.
Admission defined.
17. Admission defined.-An admission is a statement, oral or
documentary, which suggests any inference as to any fact in issue or
relevant fact, and which is made by any of the persons, and under the
circumstances, hereinafter mentioned.
18.
Admission-by party to proceeding or his agent;
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by suitor in representative character;
by party interested in subject matter;
by person from whom interest derived.
18. Admission by party to proceeding or his agent.-Statements
made by a party to the proceeding, or by an agent to any such party,
whom the Court regards, under the circumstances of the case, as
expressly or impliedly authorized by him to make them, are admissions.
by suitor in representative character-Statements made by parties to
suits suing or sued in a representative character, are not admissions,
unless they were made while the party making them held that character.
Statements made by--
by party interested in subject matter;
(1) persons who have any proprietary or pecuniary interest in the
subject-matter of the proceeding, and who make the statement
in their character of persons so interested, or
by person from whom interest derived.
(2) persons from whom the parties to the suit have derived their
interest in the subject-matter of the suit,
are admissions, if they are made during the continuance of the
interest of the persons making the statements.
19.
Admissions by persons whose position must be proved as against party
to suit.
19. Admissions by persons whose position must be proved as
against party to suit.-Statements made by persons whose position or
liability it is necessary to prove as against any party to the suit,
are admissions, if such statements would be relevant as against such
persons in relation to such position or liability in a suit brought by
or against them, and if they are made whilst the person making them
occupies such position or is subject to such liability.
Illustration
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is a
relevant fact as against A, if A denies that C did owe rent to B.
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20.
Admissions by persons expressly referred to by party to suit.
20. Admissions by persons expressly referred to by party to suit.-
Statements made by person to whom a party to the suit has expressly
referred for information in reference to a matter in dispute are
admissions.
Illustration
The question is, whether a hExcerpt shown. Open the full act in Lexace.