WritingLaw (Page 2)

53. Facts admitted need not be proved. No fact needs to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule ofRead…

CHAPTER IV – OF ORAL EVIDENCE 54. Proof of facts by oral evidence. All facts, except the contents of documents may be proved by oral evidence. Get the new BSA PDFRead…

55. Oral evidence to be direct. Oral evidence shall, in all cases whatever, be direct; if it refers to: (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be theRead…

CHAPTER V – OF DOCUMENTARY EVIDENCE 56. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. Get the new BSA PDFRead…

57. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1: Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2: Where a document is executed in counterpart, each counterpart being executed by one orRead…

58. Secondary evidence. Secondary evidence includes: (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterpartsRead…

59. Proof of documents by primary evidence. Documents shall be proved by primary evidence except in the cases hereinafter mentioned. Get the new BSA PDFRead…

60. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: (a) when the original is shown or appears to be in the possession or power: (i) of the personRead…

61. Electronic or digital record. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity andRead…

62. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of section 63. Get the new BSA PDFRead…

63. Admissibility of electronic records. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recordedRead…

64. Rules as to notice to produce. Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is,Read…

65. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is allegedRead…

66. Proof as to electronic signature. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved. Get theRead…

67. Proof of execution of document required by law to be attested. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attestingRead…

68. Proof where no attesting witness found. If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. GetRead…