The Evidence Act 1872 was replaced by the BSA 2023 (in force 2024-07-01); no verified section mapping on file for Section 5 — confirm the corresponding provision (savings: Section 170, BSA 2023).
Evidence may be given in any suit or proceeding of the existence of 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 (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 the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.