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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Entries in books of account 2[or digital record] when relevant

34. Entries in books of account 3[ or digital record], regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.

 
 

Illustration

 
 

A sues B for Taka 1,000, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.

Relevancy of entry in public record 4[or digital record], made in performance of duty

35. An entry in any public or other official book, register or record 5[,or digital record], stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register 6[, record or digital record] is kept, is itself a relevant fact.

Relevancy of statements in maps, charts 7[, plans and digital record]

36. Statements of facts in issue or relevant facts, made in published 8[maps, charts or digital record] generally offered for public sale, or in 9[maps, plans or digital record] made under the authority of the Government, as to matters usually represented or stated in such 10[maps, charts, plans or digital record], are themselves relevant facts.

Relevancy of statement as to fact of public nature contained in certain Acts or notifications
37. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom, or in any 11[Act of Parliament] or in a Government notification 12[* * *] is a relevant fact.
Relevancy of statements as to any law contained in law-books
38. When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant.
 
 

  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The words “or digital record” were inserted after the word “account” by section 5(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 3
    The words “or digital record” were inserted after the word “account” by section 5(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 4
    The words “or digital record” were inserted after the word “record” by section 6(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 5
    The comma and words “, record or digital record” were substituted for the words “or record” by section 6(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 6
    The comma and words “, record or digital record” were substituted for the words “or record” by section 6(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 7
    The comma and words “, plans and digital record” were substituted for the words “and plans” by section 7(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 8
    The words and comma “maps, charts or digital record” were substituted for the words “maps or charts” by section 7(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 9
    The words and comma “maps, plans or digital record” were substituted for the words “maps or plans” by section 7(c) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 10
    The words and comma “maps, charts, plans or digital record” were substituted for the words and comma “maps, charts or plans” by section 7(d) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).
  • 11
    The words "Act of Parliament" were substituted, for the words and commas "Act of the Central Legislature, or of any other legislative authority in Pakistan, constituted by any laws for the time being in force" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 12
    The words and comma "or notification by the Crown Representative appearing in the official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, Colony or possession of His Majesty" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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Ministry of Law, Justice and Parliamentary Affairs