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 which are declared to be relevant, and of no others.
Note- 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-
(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 he proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Producer.

Bare Act PDFs

Read Indian Evidence Act in a beautiful, systematic way.

Read Evidence Act each section wise.

Download beautiful, colourful PDF for Evidence Act.

WL Staff
WritingLaw » Evidence Act, 1872 » Section 5 Evidence Act Law Study Material PDFs and MCQ Tests
If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. You will love them. You may also support us with any amount you like. Thank You.