INDIAN EVIDENCE ACT 1872 UNIT -I INTRODUCTION - History - Statutory Definition - Lex fori - Rule of evidence applicable to civil and criminal proceedings - Doctrine of corpus delicit - Presumption of laws - Presumption of factsUNIT - II Relevancy and admissibility - Res gestae - Motive preparation, opportunity and subsequent conduct = Introductory and explanatory facts of relevant facts - Acts of conspirators ~ Facts not otherwise relevant - Facts determining quantum of damages - Existence or exercise of custom - Statement of bodily or mental condition similar facts- Admission and confession statement of persons who cannot be called as witness = Disposition of former proceedings = Judgment opinion of witness ~ Character of parties = Civil and criminal cases ~ Previous conviction of parties ~ General reputation of parties = Judicial noticeUNIT - III On Proof - Oral evidence - Rule against hearsay - The evidence rule - Documentary evidence, primary evidence and secondary evidence - Digital evidence ~ Public documentPRODUCTION AND EFFECT OF EVIDENCE - Burden of proof = Competency of witness - Examination of witness - Hostile witness - Discredit of opposing witness - Contradiction of witness - Privileged communication- Corroborations - Refreshing of memory - Judges power to put questionsLAW OF EVIDENCE UNIT -I CHAPTER -IIndian Evidence Act 1872 - History - Definition of Evidence - Kinds of evidence - Fact, fact in issue, relevant fact - Presumption - Civil and criminal proceedingsLAW OF EVIDENCE Introduction - Hindu and Islamic Jurisprudence - British Principles of Evidence - Sir James Stephen ~ Indian Evidence Act 1872 - Totally section 167, Part ~ III and Chapter XI - Enacted 15 March 1872 - Commenced 1 September 1872 = Procedural law or Adjective lawDEFINITION OF EVIDENCE M. Monit, C.J: “The law of evidence is a system of rules for ascertaining controverted questions of fact in judicial enquires” Stephen: Statements given in court or documents placed before court Bentham and Best: Evidence is defined as facts which will produce in the mind a persuasion about the existence of some other facts or their non-existenceTaylor: All the legal means which tend to prove or disprove any matter of fact Sec 3: Evidence 1 lll statement which the court permits or requires to be made before it by ‘witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence. All documents produced for the inspection of the court such documents are called documentary evidence. Thus evidence covers the evidence of witnesses and documentary evidence including electronic evidenceKINDS OF EVIDENCE Primary evidence . Secondary evidence . Real evidence and personal evidence Hearsay evidence . Direct evidence . Oral evidence Documentary evidence . Circumstantial evidenceary evidence: See 62: Primary evidence means the document itself produced for the inspection of the court. - Primary evidences are the most superior class of evidences. - These are those evidences which are expected by the law and admissible and permissible at the first place. - Documentary evidence on the production of an original document by the courtSecondary evidence: Sec 63: these are those evidences which are entertained by the court in the absence of the primary evidences. Therefore it is knowns as Secondary evidence. Photocopy document Xerox copy Certified copy Copies made from or compared with the original Tape record ete.,Direct evidence: Direct evidence are those evidences which establishes a fact. Ex: 1. Saw 2. Heard 3. PerceivedReal evidence: Real evidences are those evidences which are real or material evidences. Real evidenee or proof ofa fact is brought to the knowledge ofthe court by an inspection of a physical object rather than by deriving an information by a witness or a document Ex: LAknife 2. Blood samples 3. Fingerprint 4, Local inspection 5. A person's appearance and behavioursCircumstantial evidence when there is no sufficient direct evidence to prove any fact in issue then the court can make an assumption on the availability of existing evidence and construct a link between the existing evidence and the inference. And if the constructive link is completely beyond any reasonable doubt then the court can establish any fact. Case law: 1. Anant Chintaman Lagu Vs. State of Bombay 2. Father Benedict Vs. State of KeralaOy eee Oral evidence: Spoken evidence given by a witness in court, usually on oath. IEA- Sec 59 and 60 - oral evidence Sec 59 - Proof of facts by oral evidence Sec 60 - Oral evidence must be directDocumentary evidence: All those documents which are presented in the court for inspection regarding a case such documents are known as documentary evidence. Sec 3: Document Ex: 1. Letters or figures or marks Printed, lithographed or photographed Map or plan Metal plate or stoneHearsay evidence: hearsay evidences are the ones which the witness has neither personally seen nor heard, not has he perceived through his senses, but are those which have come to his knowledge through some other person These are most weak category of evidences.(eh ts Oy Lex Fori: Lex Fori means the law of the place where the dispute arises. The law of evidence is based on the maxim “Lex Fori” Case law: Mobark Ali Ahmed Vs. State of Bombayie prrettint be coninedto ceteris andi itnve . Hearsay evidence may not be admitted The best evidence must be given in all casesFACT IN ISSUE AND RELEVANT FACT Fact: Fact means anything, any state of things or relation of things capable of being perceive by the senses. It s also any mental condition of which any person is conscious. Fact in issue: (factum probandum) Any fact from which either by itself or in connection with other facts the existence or non-existence, nature or extent of any right, liability or disability is asserted or denied in any suit or proceeding.Issue of fact: The civil procedure code says that the court has to frame issue in all disputed cases. Such issues are called Issue of fact. They are generally recorded in question forms. So the issue of fact is always a fact in issue in criminal cases and issue of fact in civil cases Relevant fact: Factum Probans These are the facts to prove the fact is issue. All facts may not helpful to prove or disprove the fact in issue. Only some facts connected with the case are helpful to prove the existence or non- existence of the fact in issue.Proved, Disproved and Not Proved Proved: A fact is said to be proved when after considering the matters before it the court either believes it to exist or considers existence so probable that a prudent man ought to act upon the supposition that it exists. Disproved: A fact is said to be disproved when after considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case to act upon the supposition that it does not exist Not proved: A fact is said not to be proved when it is neither proved nor disprovedPresumption (sec 4) Presumption: Means an inference — affirmative or disaffirmative of the existence of some fact drawn by a process of reasoning from something proved or taken for granted. Type of presumption; 1. May presume or presumption of fact or natural presumption 2. Shall presume or rebuttable presumption or presumption of law 3. Inrebuttable presumption of law or conclusive proofPresumption of fact These are inferences naturally and logically drawn from experience and observation of human mind, action, habits May presume: See “Whenever it is proved by this Act that the court may presume a fact it may either regard such fact as proved unless and until itis disproved or it may call for proof of it” Sec 86 to 90, sec 114Shall presume or rebuttal presumption: sec 4 ; “whenever it is directed by the Act that the court shall presume a fact, it shall regard such fact as proved unless and until it is disproved” the judges have no discretion here. Inall criminal trials the presumption is that the accused is always innocent. This is presumption directed by law and hence termed presumption of law. But the presumption can be rebutted by the prosecution side. So it is termed as presumption -Sec 79 to 85, 89 and 105Irrebuttable presumption of law or conclusive proof; when the Act declares one fact to be the conclusive proof of another, the court shall take this a conclusive proof and shall not take evidence to disprove it. Here the judge have no discretion, but they have to accept as if such presumption is proved. - See 41, 112 and 113Doctrine of Corpus Delicti: In the criminal cases, there must be clear proof of the corpus delicti the substance of the offence. Before adducing proof that the accused is the author of certain offence, it must be established that the said crime was committed Ex: 1. Theft case 2. Murder caseCivil and criminal proceeding: Exception: Civil 1, See 115-117 2. Sec 52 and 55 3. Sec 23 4. Sec 120 Criminal: 1. Sec 24-30 2. Sec 53 and $4 3. See 120RELEVANCY AND ADMISSIBILITY ‘aid to be relevant to another when the one is connected ¥y of the way referred to in the provisions of this act relating to the relevancy of facts - Sec 5 to 16 Evidence may be given of fact in issue and relevant facts: P Suit or proceeding of the existence or non ~ existence of every fact in issue and of such other facts as are hereinafter declared to be relevant and of no others Illustration: _ Ais tried for the murder of B by beating him with a club with the intention of causing his deathRes Gesta Latin word “things done” things said and done in the course of a transaction - is an exception to the rule against Hearsay evidence. Sec 6: Relevancy of facts forming part of same transaction facts which though not in issue, are so connected with a fact in issue as to for part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places Ratten Vs. Queen RVs. FosterSec 8: Motive, Preparation and previous or subsequent conduct: Any fact is relevant which shows or constitutes a motive or preparation any fact in issue or relevant fact. The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding in reference to any fact in issue therein or relevant thereto and the conduct of any person an offence against whom is the subject of any proceeding, is relevant f such conduct influence or is influenced by any fact in issue or relevant fact and whether it ‘was previous or subsequent thereto.Sec 9: Fact necessary to explain or introduce relevant facts; facts necessary to explain or introduce a fact in issue or relevant fact or which support or rebut an inference suggested by a fact in issue or relevant fact or which establish the identity of anything or person whose identity is relevant fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted are relevant is so far as they are necessary for that purpose.Sec 10: Things said or done by conspirator in reference to common design where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said done or written by any one of such persons in reference to their common intention after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believe to so conspiring as well for the purpose of proving the existence of the conspiracy as for the purpose of showing the any such person was a patty to it.Sec 11: when facts not otherwise relevant become relevant: fact not otherwise relevant are relevant If they are inconsistent with any fact in issue or relevant fact If by themselves or in connection with other fact they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbableSec 12: In suits for damages, fact tending to enable court to determine amount are relevant See 13: Facts relevant when right or custom is in question: where the question is as to the existence of any right to custom the following facts are relevant 1. Any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence Particular instances in which the right or custom was claimed recognized or exercised or in which its exercised was dispute asserted or departed fromSec 14: facts showing existence of state mind or of body or bodily feeling Facts showing the existence of any state of mind such as intention, knowledge, good faith negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.Sec 15: fact bearing on question whether act was accidental or intentional: When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such formed part of a series of similar occurrences in each of which the person doing the act was concerned is relevant. Sec 16: Existence of course of business when relevantADMISSION AND CONFESSION Sec 17: Admission defined An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Sec 18: Admission by party to proceeding or his agent - Parties ~ Agent ~ By suitor in representative character - Party interested in subject matter - Person from whom interest derivedSee 19: Admission by persons whose position must be proved as against party to suit Sec 20: Admission by persons expressly referred to by party to suit See 21: Proof of admissions against persons making them, and by or on their behalf See 22: when oral admissions as to contents of documents are relevant See 22A: When oral admissions as to contents of electronic records are relevant Sec 23: Admissions in civil cases, when relevant Sec 31:Admissions not conclusive proof, but may estop Related provisions: CPC: Order XH Rule 1 to 9Confession: A formal statement admitting that one is guilty ofa crime IEA: See 24 to 30 IPC: See 330, 331 Crpe: See 164 ICL: Art 20(3) Sec 24: Confession caused by inducement, threat or promise, when irrelevant in criminal proceedings ~ Confession made by an accused person ~ Person in authority RY. ThompsonSec 25: Confession to police officer not to be proved Sec 26: Confession by accused while in custody of police not to be proved against him Sec 27: How much of information received for accused may be proved Sec 28: Confession made after removal of impression caused by inducement, threat or promise relevantSec 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy etc. Sec 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence Retracted confession: Kinds of confessio1 1. Judicial confession 2. Extra judicial confession Oo) TerresIPC sec 330: Voluntarily causing hurt to extort confession or to compel restoration of property — imprisonment 7 years and fine Sec 331: Voluntarily causing grievous hurt to extort confession or to compel restoration of property — imprisonment 10 years and fine ICL: Art 20(3): No person shall be compelled to be a witness against himself Crpe: see 164: Recording of confession and statements Sec 163: No inducement to be offeredStatements by persons who cannot be called as witness Sec 32: Cases in which statement of relevant fact by person who is dead or cannot be found etc., is relevant: 1. When it relates to cause of death (Dying declaration) . Is made in course of business a 3. Against interest of maker 4. Gives opinion as to public rights or custom or matters of general interest5. Related to existence of relationship 6. Is made in will or deed relating to family affairs 7. In document relating to transaction mentioned in sec 13,clause (a) 8. Is made by several persons, and expresses feeling relevant to matter in questionRelevancy of statements made under special circumstances Entries in books of account sec 34 . Entry in public records sec 35 . Maps, charts and plans sec 36 Facts of public nature contained in Acts or notifications see 37 . Law contained in law books sec 38Judgments of courts of justice when relevant - Previous judgments relevant to bar a second suit or trial (see 40) - Relevancy of certain judgments in probate ete., jurisdiction (see 41) - Relevancy and effect of judgments, orders or decrees, other than those mentioned in sec 41(see 42) - Judgments etc., other than those mentioned in sections 40 to 42, when relevant (sec 43) - Fraud or collusion in obtaining judgment or incompetency of court may be proved (sec 44)Opinions of third persons, when relevant Sec 45: opinions of experts When the court has to form an opinion upon a point of foreign law or of science or art or as to identity of handwriting or finger impressions, the opinions upon the point of persons specially skilled in such foreign law, science or art or in questions as to identity of handwriting such persons are called expert Sec 45A: opinion of Examiner of Electronic Evidence When ina proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of electronic evidence referred to in sec 79A of the IT Act 2000 is a relevant facting upon o| ns of experts Fact not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant Sec 47: Opinion as to handwriting, when relevant When the court has to form an opinion as to the person by whom any document was written or signed the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person s a relevant fact.Sec 47A: Opinion as to electronic signature when relevant: when the court has to form an opinion as to the electronic signature of any person the opinion of the certifying authority which has issued the electronic signature certificate is a relevant Sec 48: Opinion as to existence of right or custom when relevant When the court has to form an opinion as to the existence of any general custom or right the opinions as to the existence of such custom or right of persons who would be likely to know of its existence if it existed are relevantSec 49: Opinion as to usages, tenets etc., when relevant Sec 50: Opinion on relationship when relevant See 51: Grounds of opinion when relevantCharacter of relevant Civil case character: Sec 52: In civil cases character to prove conduct imputed irrelevant Sec 55: character of affecting damages Criminal case character: Sec 53:In criminal case previous good character relevant Sec 53A: Evidence of character or previous sexual experience not relevant in certain cases (2013 amendment) Sec 54: Previous bad character not relevant except in replyFacts which need not be proved Sec 56: fact judicially noticeable need not be proved No fact of which the court will take judicial notice need to be proved Sec 57: facts of which court must take judicial notice Sec 58: facts admitted need not be proved: No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing or which before the hearing they agree to admit by any wit under their hands or which by any rule o pleading in force at the time they are deemed to have admitted by their pleading provided that the court may in its discretion require the facts admitted to be proved otherwise then by such admissionsORAL EVIDENCE Sec 59: proof of facts by oral evidence All facts, except the contents of documents or electronic records may be proved by oral evidence Sec 60: oral evidence must be direct ~ Saw a fact ~ Heard a fact - Perceived a factHearsay evidence Hearsay evidence is that evidence which is not based upon personal vision or hearing but based on the leaming of the news through the medium of a third person. Hearsay evidence is no evidence at all. Exceptions: 1. Res gestae 2. Admission and confession 3. Statements made by persons who cannot be called as witness (dying declaration) 4. Expert opinionDocumentary Evidence Sec 61: proof of contents of documents The contents of documents may be proved either by primary or by secondary evidence Sec 62: Primary evidence Primary evidence means the document itself produced for the inspection of the courtSecondary Evidence Sec 63: Secondary evidence is usually given as evidence in the absence of better evidence namely primary evidence. Certified copies of the original document . Copies from original by mechanical process . Copies compared with originals . Counterparts of documents . Oral accounts as to the contents of the documentProof of Execution Document Attestation ‘This means that the affixing of signature on a document in the presence of two witnesses who also add their signatures and addresses in proof of fact that the document was signed in their presence ‘These two witnesses are called attesting witnesses Sec 68: Proof of execution of document required by law to be attested Sec 69: proof where no attesting witness found See 70: admission or execution to attested document Sec 71: Proof when attesting witness denies execution Sec 72: Document not required by law to be attestedPublic and Private Documents Sec 74: Public document Documents forming the acts or records of the acts . Of the sovereign authority Of official bodies and tribunals . Of publie officers, legislative, judicial and executive of India or of the common wealth, or of a foreign country . Public records kept in any state of private documentsPrivate document See 75: Private document All other documents are private Sec 76:certified copies of public documents Sec 77: Proof of documents by production of certificate copies See 78: Proof of other official documentsPresumption as to documents Shall presume: Sec 79: Presumption as to genuineness of certified copies: See 80: Presumption as to documents produced as record of evidence See 81: presumption as to Gazettes, newspapers, Private Acts of Parliament and. other documents Sec 81A: Presumption as to Gazettes in electronic forms Sec 82: Presumption as to document admissible in England without proof of seal or signature Sec 83: Presumption as to maps or plans made by authority of Government Sec 84:Presunption as to collection of laws and reports of decisions Sec 85: presumptions as to power of attorney Sec 89: Presumption as to due executions ete., of documents not producedMay presume See 86:Presumption as to certified copies of foreign judicial records Sec 87:Presumption as to book, maps and charts Sec 88: Presumption as to telegraphic messages Sec 88A:Presumption as to electronic messages Sec 90:Presumption as to documents thirty years oldAncient document If any document is proved to be thirty years old and if itis produced from any proper custody then the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person, is in that person’s handwriting. In the case of a document execute or attested that it was duly executed and attested by the person. Sec 90: Presumption as to documents thirty years old:Exclusion of oral evidence by documentary evidence See 91: Evidence of terms of contracts, grants and other dispositions of properiy reduced to form of document 1. Contract, grant or some other disposition of property have voluntarily been made by writing 2. When writing is compulsory by document Sec 92: Exclusion of evidence of oral agreement when the terms of any document as mentioned in sec 91 have been proved by the document itself(ic., the primary evidence of the document) then no evidence of any oral agreement or statement is admissible, as between the parties to the document or their representatives, for the purpose of Sontradicting Varying, adding to or subtracting irom the terms of the jocument.Patent ambiguity and Latent ambiguity Patent ambiguity Sec 93: exclusion of evidence to explain or amend ambiguous document When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects Sec 94: Evidence as to document unmeaning in reference to existing facts when language used in a document is plan in itself but is unmeaning in reference to existing fact, evidence may be given to show that it was used ina peculiar sense.Latent ambiguity: Sec 95: Evidence as to document unmeaning in reference to existing facts: When language used in a document is plain in itself but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense See 96: Evidence as to application of language which can apply to one only of several persons When the facts are such that the language used might have been meant to apply to any one and could not have been meant to apply to more than one of several persons or things evidence may be given of facts which show which of those persons or things it was intended to apply to.See 97: Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies When the language used applies partly to one set of existing facts, and partly to another set of existing facts but the whole of it does not apply correctly to either evidence may be given to show to which of the two it was meant to apply Sec 98: Evidence as to meaning of illegible characters ete., Evidence may be given to show the meaning of illegible or commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions of abbreviations and words used in a peculiar sense,Production of effect of evidence Burden of proof: - Part IIT - Chapter VII - See 101 to 114 Sec 101:Burden of Proof Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those fact exist. When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that personSec 102: On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Sec 103: Burden of proof as to particular fact The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular personSec 104: Burden of proving fact to be proved to make evidence admissible The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence Sec 105: Burden of proving that case of accused comes within exceptions When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the IPC or within any special exceptions or proviso contained in any other part of the same code or in any law defining the offence is upon him and the court shall presume the absence of such circumstancesSec 106: Burden of proving fact especially within knowledge: When any fact is especially within the knowledge of any person the burden of proving the fact is upon him. Sec 107:Burden of proving death of person known to have been alive within thirty years: When the question is whether a man live or dead and it is shown that he was alive within thirty years the burden of proving that he is dead is on the person who affirms it. Sec 108: Burden of proving that person is alive who has been heard of for seven years.Sec 109: Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent See 110: Burden of proof as to ownership See IL1: Proof of good faith in transaction where one party is in relation of active confidence Sec 111A: Presumption as to certain offencesSec 112; Birth during marriage, conclusive proof of legitimacy The fact that any person was born during the continuance of a valid marriage between his mother and any man or within two hundred and eighty days after its dissolution the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begottenSec 113A: Presumption as to abetment of suicide by a married woman When the question is whether the commission of suicide by a women had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty the court may presume having regard to all the other circumstances of the case that such suicide had been abetted by her husband or by such relative of her husband -cruelty under sec 498A of IPCSec 113B:Presumption as to dowry death When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for or in connection with any demand for dowry the court shall presume that such person had caused the dowry death - Dowry death sec 304B of IPC Sec 114A; Presumption as to absence of consent in certain prosecution for rapeESTOPPEL Sec 115: Estoppel When one person has by his declaration act or omission intentionally caused or permitted another person to believe a thing to be true and to act upon such belief neither he nor his representative shall be allowed in any suit or proceeding between himself and such person or his representative to deny the truth of that thing Abdul Wahid Vs. Union of IndiaSec 116:Estoppel to tenant and of licensee of person in pos: Sec 117:Estoppel of acceptor of bill of exchange bailee or licensee Kinds of estoppel 1.Estoppel by record or judgment 2, Estoppel by deed 3. Estoppel by conduct a, by attestation b. estoppel by silence ¢. estoppel by election d. estoppel by assent e. estoppel by negligencewitness - Competency and compellability of witnesses ~ Chapter IX ~ Sec 118 to 134 Sec 118: who may testify All persons shall be competent to testify unless the court considers that they are prevented from understanding the ‘questions put to them or from giving rational answers to those questions by tender years extreme old age iisease whether of body or mind or any other cause of the same kind ~A lunatic in not incompetent to testify unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to themSec 119: Witness unable to communicate verbally A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible as by writing or by signs but such writing must be written and the signs made in open court evidence so given shall be deemed to be oral evidence Provide that if the witness is unable to communicate verbally the court shall take the assistance of an interpreter or a special educator in recording the statement and such statement shall be video graphed.Privileged communications Kinds of privileged communication 1. Matrimonial communication (sec 122) 2. Official communication (sec 124) 3. Professional communication (sec 126)Accomplice Sec 133:Accomplice An accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice Sec 114: Court may presume existence of certain facts Illustration a) That an accomplice is unworthy of credit, unless he is corroborated in material particularsOe aes EXAMINATION OF WITNESSES - Chapter X - Sec 135 to 166 Examination of witness 1. Chief examination 2. Cross examination 3. Re- examinationSec 137: Examination in-chief The examination of a witness by the party who calls him shall be called his examination-in-chief Cross examination ; The examination of a witness by the adverse party shall be called his cross examination Re-examination: The examination of a witness subsequent to the cross examination by the party who called him shall be called his re- examinationSec 138: Order of examinations Witnesses shall be first examined-in-chief then (if the adverse party so desires) cross examined then (if the party calling him so desires) re-examined. The examination and cross examination must relate to relevant facts but the cross examination need not be confined to the facts to which the witness testified on his examination-in-chief. Direction of re-examination: The examination shall be directed to the explanation of matters of matters referred to in cross-examination and if new matter is by permission of the court introduction in re-examination the adverse party may further cross-examine upon the matter.LEADING QUESTIONS Sec 141: leading questions Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading questions Sec 142: When they must not be asked Leading questions must not if objected to by the adv asked yn-in-chief or in a re-examiriation except with the permission of the court The court shall permit leading questions as to matters which are introductory or undisputed or which have in its opinion been already sufficiently proved Sec 143:When they may be asked; Leading questions may be asked in cross examinationScandalous questions: Sec 151: Indecent and scandalous questions The court may forbid any questions or inquires which it regards as indecent or scandalous although such questions or inquiries may have some bearing on the questions before the court unless they relate to fact in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.Hostile witness: Sec 154:Question by party to his own witness 1.The court may in its discretion permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. 2.Nothing in this section shall disentitle the person so permitted under sub-sec(1) to rely on any part of the evidence of such witness.Impeachment the credit of a witness: Se 155: Impeaching credit of witness The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the court by the party who calls him: By the evidence of persons who testify that they from their knowledge of the witness believe him to be unworthy of credit By proof that the witness has been bribed or has accepted the offer of a bribe or has received any other corrupt inducement to give his evidence By proof of former statements inconsistent with any part of his evidence which is liable to be contradictedRefreshing memory: Sec 159: A witness may while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his memory The witness may also refer to any such writing made by any other person and read by the witness within the time aforesaid if when he read it he knew it to be correctWhen witness may use copy of document to refresh memory Whenever a witness may refresh his memory by reference to any document he may with the permission of the court refer to a copy of such document Provided the court be satisfied that there is sufficient reason for the non- production of the original An expert may refresh his memory by reference to professional treaties.Court questions: Sec 165:Judge’s power to put questions or order production The judge may in order to discover or to obtain proper proof of relevant facts, ask any question he please in any form, at any form, of any. es or of the parties about any fact relevant or irrelevant any may order the production of any document or thing, and neither the parties nor their agents shall be entitled to make any objection to any such question or order nor without the leave of the court to cross examine any witness upon any answer given in reply to any such question. ~ Except sec 121 to 131 and sec 148,149. Sec 167: No new trial for improper admission or rejection of evidence (De Novo Trial) eee