BSA (Page 4)

49. Previous bad character not relevant, except in reply. In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1: This section does not apply to cases inRead…

50. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation: In this section and sections 46, 47 and 49, the word “character” includes both reputation and disposition;Read…

PART III ON PROOF CHAPTER III – FACTS WHICH NEED NOT BE PROVED 51. Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Get the new BSA PDFRead…

52. Facts of which Court shall take judicial notice. (1) The Court shall take judicial notice of the following facts, namely: (a) all laws in force in the territory of India including laws having extra-territorial operation; (b) international treaty, agreement or convention with country or countries by India, or decisionsRead…

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…