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Monday 25 May 2020

Sec 05 of Indian Evidence Act :- 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 or 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.

Illustrations

(aA 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.


► Admissibility of evidence.—Evidence may be given “of every fact in issue” and of such other facts which are expressly “declared to be relevant” and of no other facts, State of Maharashtra v. Kamal Ahmed Mohammed Vakil Ansari(2013) 12 SCC 17 : (2013) 4 SCC (Cri) 202.

► Principal rules of exclusion where evidence becomes inadmissible.—Evidence is admissible and should be received by the Court to which it is tendered unless there is a legal reason for its rejection. Admissibility presupposes relevancy. Admissibility also denotes the absence of any applicable rule of exclusion. Facts should not be received in evidence unless they are both relevant and admissible. The principal rule of exclusion under which evidence becomes inadmissible are two-fold. First, evidence of relevant fact is inadmissible when its reception offends against public policy or a particular rule of law. Some matters are privileged from disclosure. A party is sometimes estopped from proving facts and these facts are therefore inadmissible. The exclusion of evidence of opinion and of extrinsic evidence of the contents of some documents is again a rule of law. Second, relevant facts are subject to recognised exceptions inadmissible, unless they are proved by the best or the prescribed evidence, State of U.P. v. Raj Narain(1975) 4 SCC 428.


Sec 05 Explained Simply - 

1. Evidence may be given in any 

     > suit or proceeding of the 

    > existence or non-existence of every fact in issue and 

    > of such other facts as are hereinafter declared to be relevant, and of no others.


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