Bare ActsThe INDIAN EVIDENCE ACT 1872

Section 136

When either party prapases to

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When either party prapases to. give evidence JUdgBto de. ". of any fact, the Judge may ask the party propasing' ci~e.ashi ,".: /' to.give the evidence in what manner the alleO'edfact . lll~sslbJl1I'J' 01 b .' evIdence. if praved, wauld be relevant;. and the Judge shall admit the evidence if he thinks that the fact, if IJl'aved, wauld be relevant, and not atherwise. If the fact propased to.be praved is "one af which evidence is admissible anly upan praaf of"same 'ather fact, such last-mentianed fact must be praved before evidence is given af the fact first mentioned, unless the party undertakes to. give praaf o.f such fact and tho Caurt is satisfied with such undertaking, If ~" 'J~) Examination- in-chief. Cross-exami. na-tion, ne-examina- tion. OrdC1' of examinations. Direction of l'\3-eXa11ll11a- !ion, Evidencr!, I ACT I If the relevancy of one alleged fact del)ends. upon another ':!Jleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before eyidence is given of the first fact. Iltu8trations. (Ct.) It is proposed to prove a statement about a rdevant fact -- :' by a personallegedto be dead,whichstatementis relevantunder section thirty-two. . The fact that the person is dead must be proved by the per- son proposing to prove the statement, before evidenceis given of the statement. ' (b.) It is proposedto prove, by a copy,the contents of a docu- ment said to be lost. The fhet that the otiginal is lost must be provedby the person proposing to produce the copy, before the copy is produced. (c.) A is accusedof receiving stolen property knowing it to have been stolen, It is Pl'()posedto prove that he denied the posseSSIOnof the property. 'J'he relevancy of the denial depends on the identity of tho property, The Court may, in its discretion, either require the property Co be identified beforethe denial of the possession is proved, 01' permit the denial of the possession to be proved before the property is identified. (d.). It is proposedto prove a fact (A) which is said to have been the cause or effect of a fact in issue. rrhere are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be regarded as the cause01' effect of the fact in issue. rrhe Court may either permit A to be proved befol'e13)C 02'D is proved,or may require proof of B, C and D before permitting proof of A.

Section 136 – The INDIAN EVIDENCE ACT 1872 | DailyLaw.ai