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1 THE EVIDENCE ACT, 1872

(ACT NO. I OF 1872).
  Part No : Chapter No : Section No: [ 15th March, 1872  
  
     2 WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is enacted as follows:-
 
    
 
CONTENTS
 
SECTIONS
 
PART I
RELEVANCY OF FACTS
CHAPTER I
PRELIMINARY
1. Short title
It extends to the whole of Bangladesh
Commencement of Act
2. [Repealed]
3. Interpretation-clause
4. ‘‘May presume”
“Shall presume”
“Conclusive proof”
CHAPTER II
OF THE RELEVANCY OF FACTS
5. Evidence may be given of facts in issue and relevant facts
6. Relevancy of facts forming part of same transaction
7. Facts which are the occasion cause or effect of facts in issue
8. Motive, preparation and previous or subsequent conduct
9. Facts necessary to explain or introduce relevant facts
10. Things said or done by conspirator in reference to common design
11. When facts not otherwise relevant become relevant
12. In suits for damages, facts tending to enable Court to determine amount are relevant
13. Facts relevant when right or custom is in question
14. Facts showing existence of state of mind, or of body, or bodily feeling
15. Facts bearing on question whether act was accidental or intentional
16. Existence of course of business when relevant
CHAPTER II
ADMISSIONS
17. Admission defined
18. Admission –by party to proceeding or his agent;
by suit or in representative character;
by party interested in subject-matter;
by person from whom interest derived
19. Admissions by persons whose position must be proved as against party to suit
20. Admissions by persons expressly referred to by party to suit
21. Proof of admissions, against persons making them, and by or on their behalf
22. When oral admissions as to contents of documents are relevant
23. Admissions in civil cases when relevant
24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
25. Confession to police-officer not to be proved
26. Confession by accused while in custody of police not to be proved against him
27. How much of information received from accused may be proved
28. Confession made after removal of impression caused by inducement, threat or promise, relevant
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
31. Admissions not conclusive proof, but may be stop
CHAPTER II
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
When it relates to cause of death;
or is made in course of business;
or against interest of maker;
or gives opinion as to public right or custom, or matters of general interest;
or relates to existence of relationship;
or is made in will or deed relating to family affairs;
or in document relating to transaction mentioned in section 13, clause (a);
or is made by several persons, and expresses feelings relevant to matter in question
33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
CHAPTER II
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34. Entries in books of account when relevant
35. Relevancy of entry in public record, made in performance of duty
36. Relevancy of statements in maps, charts and plans
37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
38. Relevancy of statements as to any law contained in law-books
CHAPTER II
HOW MUCH OF A STATEMENT IS TO BE PROVED
39.What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers.
CHAPTER II
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
40. Previous judgments relevant to bar a second suit or trial
41. Relevancy of certain judgments in probate, etc., jurisdiction
42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
43. Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
44. Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved
CHAPTER II
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45. Opinions of experts
46. Facts bearing upon opinions of experts
47. Opinion as to handwriting, when relevant
48. Opinion as to existence of right or custom, when relevant
49. Opinion as to usages, tenets, etc., when relevant
50. Opinion on relationship, when relevant
51. Grounds of opinion, when relevant
CHAPTER II
CHARACTER WHEN RELEVANT
52. In civil cases, character to prove conduct imputed, irrelevant
53. In criminal cases, previous good character relevant
54. Previous bad character not relevant, except in reply
55. Character as affecting damages
PART II
ON PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved
57. Facts of which Court must take judicial notice
58. Facts admitted need not be proved
CHAPTER IV
OF ORAL EVIDENCE
59. Proof of facts by oral evidence
60. Oral evidence must be direct
CHAPTER V
OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents
62. Primary evidence
63. Secondary evidence
64. Proof of documents by primary evidence
65. Cases in which secondary evidence relating to documents may be given
66. Rules as to notice to produce
67. Proof of signature and handwriting of person alleged to have signed or written document produced
68. Proof of execution of document required by law to be attested
69. Proof where no attesting witness found
70. Admission of execution by party to attested document
71. Proof when attesting witness denies the execution
72. Proof of document not required by law to be attested
73. Comparison of signature, writing or seal with others, admitted or proved
CHAPTER V
PUBLIC DOCUMENTS
74. Public documents
75. Private documents
76. Certified copies of public documents
77. Proof of documents by production of certified copies
78. Proof of other official documents
CHAPTER V
PRESUMPTION AS TO DOCUMENTS
79. Presumption as to genuineness of certified copies
80. Presumption as to documents produced as record of evidence
81. [Omitted]
82. Presumption as to document admissible in England without proof of seal or signature
83. Presumption as to maps or plans made by authority of Government
84. Presumption as to collections of laws and reports of decisions
85. Presumption as to powers-of-attorney
86. Presumption as to certified copies of foreign judicial records
87. Presumption as to books, maps and charts
88. Presumption as to telegraphic messages
89. Presumption as to due execution, etc., of documents not produced
90. Presumption as to documents thirty years old
CHAPTER VI
OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
92. Exclusion of evidence of oral agreement
93. Exclusion of evidence to explain or amend ambiguous document
94. Exclusion of evidence against application of document of existing facts
95. Evidence as to document unmeaning in reference to existing facts
96. Evidence as to application of language which can apply to one only of several persons
97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
98. Evidence as to meaning of illegible characters, etc.
99. Who may give evidence of agreement varying terms of document
100. Saving of provisions of Succession Act relating to wills
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
OF THE BURDEN OF PROOF
101. Burden of proof
102. On whom burden of proof lies
103. Burden of proof as to particular fact
104. Burden of proving fact to be proved to make evidence admissible
105. Burden of proving that case of accused comes within exceptions
106. Burden of proving fact especially within knowledge
107. Burden of proving death of person known to have been alive within thirty years
108. Burden of proving that person is alive who has not been heard of for seven years
109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
110. Burden of proof as to ownership
111. Proof of good faith in transactions where one party is in relation of active confidence
112. Birth during marriage conclusive proof of legitimacy
113. [Omitted]
114. Court may presume existence of certain facts
CHAPTER VIII
ESTOPPEL
115. Estoppel
116. Estoppel of tenant; and of licensee of person in possession
117. Estoppel of acceptor of bill of exchange, bailee or licensee
CHAPTER IX
OF WITNESSES
118. Who may testify
119. Dumb witnesses
120. Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail
121. Judges and Magistrates
122. Communications during marriage
123. Evidence as to affairs of State
124. Official communications
125. Information as to commission of offences
126. Professional communications
127. Section 126 to apply to interpreters, etc.
128. Privilege not waived by volunteering evidence
129. Confidential communications with legal advisers
130. Production of title-deed of witness, not a party
131. Production of documents which another person, having possession, could refuse to produce
132. Witness not excused from answering on ground that answer will criminate
133. Accomplice
134. Number of witnesses
CHAPTER X
OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnesses
136. Judge to decide as to admissibility of evidence
137. Examination-in-chief
Cross-examination
Re-examination
138. Order of examinations
Direction of re-examination
139. Cross-examination of person called to produce a document
140. Witnesses to character
141. Leading questions
142. When they must not be asked
143. When they may be asked
144. Evidence as to matters in writing
145. Cross-examination as to previous statements in writing
146. Questions lawful in cross-examination
147. When witness to be compelled to answer
148. Court to decide when question shall be asked and when witness compelled to answer
149. Question not to be asked without reasonable grounds
150. Procedure of Court in case of question being asked without reasonable grounds
151. Indecent and scandalous questions
152. Questions intended to insult or annoy
153. Exclusion of evidence to contradict answers to questions testing veracity
154. Question by party to his own witness
155. Impeaching credit of witness
156. Questions tending to corroborate evidence of relevant fact admissible
157. Former statements of witness may be proved to corroborate later testimony as to same fact
158. What matters may be proved in connection with proved statement relevant under section 32 or 33
159. Refreshing memory
When witness may use copy of document to refresh memory
160. Testimony to facts stated in document mentioned in section 159
161. Right of adverse party as to writing used to refresh memory
162. Production of documents
Translation of documents
163. Giving, as evidence, of document called for and produced on notice
164. Using, as evidence, of document production of which was refused on notice
165. Judge’s power to put questions or order production
166. Power of jury or assessors to put questions
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence
 
 

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Ministry of Law, Justice and Parliamentary Affairs