Appendix

Draft- Evidence Rules

Megabit 27, 1959
April 5, 1967
THE EVIDENCE RULES, 19 .....................

Part I- Preliminary and Relevancy of Facts

Chapter 1- Interpretation
Short Title and Commencement
1. These rules may be cited as the Evidence Rules, 19 , and shall come into force on
…………......
Scope and Application
1. (1) These rules shall apply in any proceeding pending on the day of their coming into
force and instituted thereafter.
(2) Nothing in these rules shall be taken to permit objections to, or appeals against, evidence
produced prior to the coming into force of these rules on the ground that such evidence was
not in accordance with the provisions of these rules.
Interpretation
3. In these rules the following words and expressions are used in the following senses unless
a contrary intention appears form the context.-
" Court" means any court established by law and includes a commission or other body
established by law which in the course of its judicial or quasi-judicial functions takes
evidence and all persons, except arbitrators, legally authorized to take evidence;
" Document' means any matter expressed or described upon any substance by means of
letters, figures, marks, or by more than one of those means, intended to be used, or which
may be used, for the purpose of recording that matter;
" Documentary evidence" means all documents produced for the inspection of the court;
"Evidence" denotes the means whereby any alleged matter of fact, the truth of which is
submitted to investigation, is proved or disproved and includes statements by accused
persons, admissions, judicial notice, presumptions of law, and ocular observation by the court
in its judicial capacity;
" Fact" means any thing, state of things or relation of things capable of being perceived by
the senses and includes any mental condition of which a person is conscious;
" fact in issue" means the matter which is in dispute or which forms the subject of the
investigation and any fact from which, either by itself or in connection with other facts, the
existence, non- existence, nature or extent of any right, liability or disability, asserted or
denied in any proceeding, necessarily follows;
" oral evidence" means all statements which the court permits or requires to be made before
it by witnesses, in relation to matters of fact the truth of which is submitted to investigation;
" Proceeding" means any judicial or quasi-judicial proceeding in or before any court in which
evidence may be given;
" Relevant fact" means any fact which directly or inferentially leads to one of the conclusions
necessary to the proof or disproof of a fact in issue and a fact is said to be relevant to another
when the one is connected with the other in any of the ways mentioned in these rules, and
any fact declared to be relevant by these rules.
Facts proved, disproved and not proved
4. (1) a fact is said to be proved when, after considering the matters before it, the court either
believes it to exist or considers its existence so probable that a prudent man ought, under the
circumstances of the particular case, to act upon the supposition that it exists.
(2) 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, in the circumstances of the particular case, to act upon the supposition that it does
not exist.
(3) A fact is said not to be proved when it is night proved nor disproved.

Presumptions and conclusive proof

5. (1) whenever it is provided by these rules or any law that the court may presume a fact, it
may either regard such fact as proved, unless and until it is disproved, or call for proof of it.
(2) Whenever it is directed by these Rules or any law that the court shall presume a fact, it
shall regard such fact as proved, unless and until it is disproved.
(3) When one fact is declared by these rules or any law to be conclusive proof of another, the
court shall, on proof of the one fact, regard the other as proved and shall not allow evidence
to be given for the purpose of disproving it.
Chapter 2 - Relevancy of Facts
Evidence may be given of facts in issue and relevant facts
6. (1) Evidence may be given in any proceeding of the existence or non-existence of every
fact in issue/ and of every relevant fact, and of no others.
(2) Nothing in sub-rule (1) shall enable any person to give evidence of a fact which he is by
the Civil Procedure Code disentitled to prove.
Facts forming part of same transaction
7. Any fact is relevant which, though not in issue, is so connected with a fact in issue as to
form part of the same transaction whether both facts occurred at the same time and place or
at different times and places.
Facts being the occasion, cause or effect of facts in issue
8. Any fact is relevant which is the occasion, cause or effect, immediate or otherwise of facts
in issue or relevant facts or which constitutes the state of things under which such facts
happened or which afforded an opportunity for their occurrence or transaction.
Motive, preparation and previous and subsequent conduct
9. (1) Any fact is relevant which shows or constitutes a motive or preparation for a fact in
issue or relevant facts in issue or relevant fact.
(2) The conduct of any party or of any agent to any party, to any proceeding, in reference to
such proceeding, or in reference to any fact in issue therein or thereto, and the conduct of any
person and offense against whom is the subject of any proceeding, is relevant, if such
conduct influences or is influenced by any fact in issue or relevant fact, and whether it was
previous or subsequent thereto.
(3)when the conduct of a person is relevant, any statement made to him or in his presence
and hearing, which affects such conduct is relevant.
 (4)Without prejudice to anything contained in these rules concerning the relevancy of
statements, the word "conduct" in sub-rules (2) and (3) of this rule does not include
statements which do not accompany or explain acts other than statements.
Facts necessary to explain or introduce relevant facts
10. A fact which
a) is necessary to explain or introduce facts in issue or relevant facts; or
b) supports or rebuts an inference suggested by a fact is issue or relevant fact; or
c) establishes the identity of any thing or person whose identity is relevant; or
d) fixes the time or place at which any fact in issue or relevant fact happened: or
e) shows the relation of parties by whom any fact in issue or relevant fact was transacted,
is relevant insofar as it is necessary for that purpose.
Facts relevant when conspiracy is alleged
11. Where there is reasonable ground to believe that two or more persons have conspired
together to commit an offence or an actionable wrong, anything's 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 such of the
persons believed to be so conspiring as well for the purpose of proving the existence of the
conspiracy as for the purpose of showing that any such person was a party to it.
When fact not otherwise relevant becomes relevant
12. A fact not otherwise relevant is relevant where
a) it is inconsistent with any fact in issue or relevant fact; or
b) by itself or in connection with another fact or facts it makes the existence or non-
existence of any fact in issue or relevant fact highly probable or improbable.
Facts relevant when damages are claimed
13. In proceedings in which damages are claimed, any fact which will enable the court to
determine the amount of damages which ought to be awarded is relevant.
Facts relevant when right or custom is in question
14. Where the question is as to the existence of any right or custom, the following facts are
relevant.
a) 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;
 b) Particular instances in which such right or custom was claimed, recognized or exercised,
or in which its existence was disputed, asserted or departed from.
Facts showing existence of state of mind, or of body or bodily feeling
15. (1) 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.
(2) A fact relevant as showing the existence of a state of mind must show that the state of mind
exists, not generally, but in reference to the particular matter in question.
Facts bearing on question whether act was accidental or intentional
16. When there is a question whether an act was accidental or intentional, or done with a
particular knowledge or intention, the fact that such act formed part of a series of similar
occurrences, in each of which the person doing the act was concerned, is relevant.
Existence of course of business when relevant
17. When there is a question whether a particular act was done, the existence of any course of
business according to which it naturally would have been done, is a relevant fact.
Chapter 3- Admissions
Admission defined
18. an admission is an oral or documentary statement which suggests any inference as to any fact
in issue or relevant fact and which is made by any of the persons, and in the circumstances,
hereinafter mentioned.
Admission by party to proceeding or his agent.
19. (1) A statement made by a party to the proceeding, or by an agent to any such party, whom
the court regards, in the circumstances of the case, as expressly or impliedly authorized by him to
make it, is an admission.
(2) A statement made by a party suing or being sued in a representative character is not an
admission, unless it was made while the party making it held that character.
(3) A statement made by a person
(a) Who has a proprietary or pecuniary interest in the subject matter of the proceeding, and
who makes the statement in his character of a person so interested; or
 (b) Form whom the parties to the proceeding have derived their interest in the subject matter
of the proceeding.
is an admission, if it is made during the continuance of the interest of the person making the
statement.
Admission by person whose position must be proved as against party
20. A statement made by a person whose position or liability it is necessary to prove as against
any party to the proceeding, is an admission if such statement would be relevant as against such
person in relation to such position or liability in a proceeding brought by or against him, and if it
is made whilst the person making it occupies such position or is subject to such liability.
Admission by person expressly referred to by party
21. A statement made by a person to whom a party to the proceeding has expressly referred for
information in reference to a matter in dispute, is an admission.
Proof of admission against persons making them, and by and on their behalf
22. (1) an admission is relevant and may be proved as against the person who makes it or his
representative in interest
(2) An admission may not be proved by or on behalf of the person who makes it or by his
representative in interest except in the cases mentioned in sub-rule (3) of this rule
(3) An admission may be proved by or on behalf of the person making it -
(a) When it is of such a nature that if the person making it were dead, it would be relevant as
between third persons under rule 29;
(b) When it consists of a statement of the existence of any state of mind or body, relevant or
in issue, made at or about the time when such state of mind or body existed and is
accompanied by conduct rendering its falsehood improbable;
(c) If it is relevant otherwise than as an admission
Relevancy of oral admissions as to contents of documents
23. an oral admission as to the contents of a document is not, relevant, unless and until the party
proposing to prove the admission shows that he is entitled to give secondary evidence of such
contents under the rules hereinafter contained, or unless the genuineness of a document
produced is in question.
Relevancy of admission in civil cases
24 (1) In civil cases, no admission is relevant, if it is made either upon an express condition that
evidence of it is not to be given, or under circumstances from which the court can infer that the
parties agreed together that evidence of it should not be given.
(2) Nothing in sub-rule (1) shall be taken to exempt any pleader from giving evidence of any
matter of which he may be compelled to give evidence under Rule 96 of these Rules.
Relevancy of confession in Criminal proceedings
25. (1) a confession made by an accused person is irrelevant in a criminal proceeding if the
making of the confession appears to the court to have been caused by any inducement, threat or
promise having reference to the charge against the accused person proceeding from a person in
authority and sufficient, in the opinion of the court to give the accused person grounds which
would appear to him reasonable for supposing that by making it he would gain any advantage or
avoid any evil of a temporary nature in reference to the proceeding against him.
Provided that, if such confession is made after the impression caused by such inducement, threat
or promise has, in the opinion of the court, been fully removed, it is relevant.
(2) a confession which is otherwise relevant does not become irrelevant merely because it was
made under a promise of secrecy, or in consequence of a deception practiced on the accused
person for the purpose of obtaining it, or when he was drunk.
When confession may be proved
26. (1) No confession made to a police officer shall be proved as against a person accused of an
offence
(2) No confession made by any person while in the custody of the police shall be proved as
against such person accused of an offence unless it has been recorded in accordance with the
provisions of article 35 of the criminal Procedure Code.
(3) Notwithstanding the provisions of sub-rules (1) and (2) of this rule, when any fact is deposed
to as discovered in consequence of information received from a person accused of any offence,
in the custody of the police, so much of such information, whether it amounts to a confession or
not as relates distinctly tot he fact thereby discovered may be proved.
Confession affecting several persons
27. A confession made by one person affecting himself and some other person in the commission
of an offence is not admissible in evidence as against such other person.
Admission not conclusive proof
28. Admissions are not conclusive proof of the matters admitted but they may operate as
estoppels under the provisions hereinafter contained.
Chapter 4
Statements Made by Persons Who cannot be Called as Witnesses
Statement by person who is dead or cannot be found
A statement, written or verbal, of relevant facts made by a person who is dead, or who cannot
be found, or who has become incapable of giving evidence, or whose attendance in court
cannot be procured without an amount of delay or expense which in the circumstances of the
case appears to the court unreasonable is itself a relevant fact in the following cases-
(a) when it is made by a person as to the cause of his death, or as to any of the circumstances
of the transaction which resulted in his death, in cases in which the cause of that person’s
death comes into question, whether that person was or not, at the time the statement was
made, under the expectation of death and whatever may be the nature of the proceeding
in which the cause of his death comes into question;
(b) when it is made by such person in the ordinary course of business, and in particular when
it consists of –
(i) any entry or memorandum made by him in books kept in the ordinary course of
business or in the discharge of a professional duty; or
(ii) an acknowledgement written or signed by him of the receipt of money; goods,
securities or property of any kind; or
(iii) a document used in commerce written or signed by him; or
(iv) the date of a letter or other document usually dated, written or signed by him;
(c) When it is against the pecuniary or proprietary interest of the person making it, or when,
if true, it would expose him or would have exposed him to a criminal prosecution or to a suit
for damages;
(d) when it gives the opinion of any such person, as to the existence of any public right or
custom or matter of public or general interest, of the existence of which, if it existed, he
would have been likely to be aware, provided it was made before any controversy as to such
right, custom or matter had arisen;
 (e) when it relates to the existence of any relationship by blood, marriage or adoption
between persons as to whose relationship by blood, marriage or adoption the person
making the statement had special means of knowledge provided it was made before the
question in dispute was raised;
(f) When it relates to the existence of any relationship by blood, marriage or adoption
between persons deceased and is made in any will or deed relating to the affairs of the
family pedigree, or upon any tombstone, family portrait or other thing on which such
statements are usually made, provided it was made before the question in dispute was
raised;
(g) When it is contained in any deed, will or other document which relates to any such
transaction as is mentioned in rule 14(a) of these rules;
(h) When it was made by a number of persons, and expressed feelings or impressions on
their part relevant to the matter in question
Evidence given in a proceeding, when relevant in subsequent proceeding
30. (1) Evidence given in any proceeding is relevant for the purpose of proving in a subsequent
proceeding or in a latter stage of the same proceeding the truth of the facts which it states, when
the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the
way by the adverse party, or if his presence cannot be obtained without an amount of delay or
expense which, under the circumstances of the case, the court considers unreasonable;
Provided that-
(a) The proceeding was between the same parties or their representatives in interest; and
(b) The adverse party in the first proceeding had the right and opportunity to cross-examine;
and
(c) The questions in issue were substantially the same in the first as in the second proceeding
(2) Notwithstanding the provisions of sub-rule (1) of this rule, evidence given in a criminal
proceeding is relevant, in a subsequent civil proceeding in which the subject matter under
inquiry is similar to that in the criminal proceeding.
Provided that where the court considers it necessary or one of the parties in the civil
proceeding wishes to examine further or cross-examine the witness, such witness shall be
called, the deposition read out to him and questions may be put to him in examination-in-
chief or in cross-examination.
Chapter 5 Statements made under special circumstances
Entries in books of account relevant
31. Entries in books of account, 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.
Relevancy of entries in public records
32. Any entry in any public or other official book, register or 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 or record is kept, is itself a relevant fact.
Relevancy of statements in maps, charts and plans
33. Statements of facts in issue or relevant facts, made in published maps or charts generally
offered for public sale or in maps or plans made under the authority of the government, as to
matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
Relevancy of statement as to fact of a public nature
34. Where the court has to form an opinion as to the existence of any fact of a public nature, any
statement of it made in the Negarit Gazeta or in any official government publication is a relevant
fact.
Relevancy of statements as to any law contained in law-books
35. When the court has to form an opinion as to a law of any country, and 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.
Statement forming part of longer statement, conversation, etc
36. When a statement of which evidence is given forms part of a longer statement, or of a
conversation or part of an isolated document, or is contained in a document which forms part of a
book or of a connected series of letters or papers, evidence shall be given of so much and no
more of the statement, conversation, document, book or series of letters or papers as the court
considers necessary in that particular case to the full understanding of the nature and effect of the
statement, and of the circumstances in which it was made.
Chapter 6 Judgments of Courts
Relevancy of previous judgment to bar second suit or trial
37. The existence of any judgment, order or decree which by law prevents any court form taking
cognizance of a suit or holding a trial is a relevant fact when the question is whether such court
ought to take cognizance of such suit or to hold such trial.
Relevancy of judgments in rem
38. (1) A final judgment, order or decree of a competent court which confers upon or takes away
from any person any legal character, or which declares any person to be entitled to any such
character, or to be entitled to any specific thing, not as against any specified person but
absolutely is relevant when the existence of any such legal character or the title of any such
person to any such thing is relevant.
(2) Such judgment, order or decree is conclusive proof that
(a) Any legal character which it confers, accrued at the time when such judgment, order or
decree came into operation;
(b) Any legal character, to which it declares any such person to be entitled, accrued to that
person at the time when such judgment, order or decree declared it to have accrued to
that person;
(c) Any legal character which it takes away from any such person ceased at the time from
which such judgment, order or decree declared that it had ceased or should cease;
(d) Anything to which it declares any person to be so entitled was the property of that person
at the time from which such judgment, order or decree declare that it had been or should
be his property.
Relevancy of other judgments
39. Judgments, orders or decrees other than those mentioned in rule 38 are relevant if they
related to matters of a public nature relevant to the inquiry, but such judgments orders or decrees
are not conclusive proof of that which they state.
Irrelevancy of judgments except in certain cases
40. Judgments, orders or decrees, other than those mentioned in rules 37,38 and 39 are irrelevant
unless the existence of such judgment, order or decree is a fact in issue or is relevant under some
other provisions of these rules.
Evidence of fraud, collusion or in competency
41. Any party to any proceeding may show that any judgment, order or decree which is relevant
under flues 37, 38 or 39 and which has been proved by the adverse party was delivered by a
court not competent to deliver it; or was obtained by fraud or collusion of the adverse party by or
of a third party.
Chapter 7 Opinions of Third Persons
Opinions of Experts
42. (1) When the court has to form an opinion upon a point of foreign law or of science or art or
as to identify of handwriting or finger impressions, the opinions upon that point of persons
(hereafter called "experts") specially skilled in such foreign law, science or art or in questions as
to identify of handwriting or finger impressions are relevant facts.
(2) Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions
of expert, when such opinions are relevant.
Opinions as to handwriting
43, (1) When the court has to form an opinion as to the person by whom any documents 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 is a relevant fact.
(2) A person is deemed to be acquainted with the hand writing of another person when he has
seen that person write, or when he has received comments purporting to be written by that person
in answer to documents written by himself or under his authority and addressed to that person, or
when in the ordinary course of business documents purporting to be written by that person have
been submitted to him.
Opinions as to existence of right or custom
44. (1) 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.
(2) When the court has to form an opinion as to the usages and tenets of any body of men or
family, or as to the constitution and government of any religious or charitable foundation; or as
to the meaning of words or terms used in particular districts or by particular classes of people,
the opinions of persons having special means of knowledge thereon, are relevant.
Relevancy of grounds of opinion
45. Whenever the opinion of any living person is relevant, the grounds on which such opinion is
based are also relevant.

Chapter 8 Character, When Relevant

Evidence as to character in civil cases
46. In civil cases
(a) The fact that the character of any person concerned is such as to render probable or
improbable any conduct imputed to him is irrelevant, except insofar as such character
appears from facts otherwise relevant:
(b) The fact that the character of any person concerned is such as to affect the amount of
damages which he ought to receive, is relevant.
Evidence as to character in criminal cases
47. (1) In criminal cases
(a) the fact that the accused person is of a good character is relevant;
(b) the fact that the accused person has a bad character is irrelevant, unless evidence has
been given that he is of good character, in which case it will become relevant.
(2) Notwithstanding the provisions of sub-rule (1)(b) of this rule, a previous conviction for any
offence becomes relevant, after conviction in the case under trial, for the purpose of affecting the
sentence to be awarded by the court.
"Character" defined
48. In rules 46 and 47, the word " character" includes both reputation and disposition but except
as provided in rule 47, evidence may be given only of general reputation and general disposition
and not of particular acts by which reputation or disposition were shown.
Part II - On Proof
Chapter 9- Facts which Need Not be Proved
Judicial notice
49. (1) No fact of which the court will take judicial notice need be proved.
(2) The court, shall take judicial notice of the following facts
 (a) All laws of the empire of Ethiopia and, generally, any matter published in the Negarit
Gazeta or similar official government publication, including the accession to office,
names, titles and functions of the person filling any public office;
(b) the accession and the sign manual of His Imperial Majesty;
(c) the seals of all Ministries, government departments, agencies of other public
administrative authorities, offices or establishments of all the courts in Ethiopia, of the
Ethiopian Orthodox church and of notaries public;
(d) The existence, title and national flag of every State or sovereign recognized by the
government of Ethiopia and of every international organization of which Ethiopia is a
member.
(e) The divisions of time, the geographical divisions of the world and public festivals;
(f) The territories under the government of Ethiopia
(g) The commencement, continuance and termination of hostilities between Ethiopia and any
other State or body of persons;
(h) The names of the members and officers of the court and of their deputies and subordinate
officers and assistants.
(3) In all these cases and also on all matters of public history, literature, science or art, the court
may resort for its aid to appropriate books or documents of reference.
(4) If the court is called upon by any person to take judicial notice of any fact, it may refuse to do
so unless and until such person produces any such book or document as it may consider
necessary to enable it to do so.
Facts admitted need not be proved
50. No fact need 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 writing under their
hands, or which by any rule of pleading in force at the time they are deemed to have admitted by
their pleadings:
Provided that the court may, in its discretion, require the facts admitted to be proved otherwise
than by such admission.
Chapter 10 - of Oral Evidence
Proof of facts by oral evidence
51. Without prejudice to the provisions of any law requiring proof by documentary evidence, all
facts may be proved by oral evidence.
Oral evidence must be direct
52. Oral evidence must in any case be direct and if it refers-
(a) to a fact which could be seen, it must be the evidence of a witness who says he saw it;
(b) to a fact which could be heard, it must be the evidence of a witness who says he heard it;
(c) to a fact which could be perceived by any other sense or in any manner, it must be the
evidence of a witness who says he perceived it by that sense or in that manner;
(d) to an opinion or to the grounds on which that opinion is held, it must be the evidence of
the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treaties commonly offered for sale, and
the grounds on which such opinions are held, may be proved by the production of such treatises
if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot
be called as a witness without any amount of delay or expense which the court regards as
unreasonable:
Provided also that, if oral evidence refers to the existence or condition of any material thing other
than a document, the court may, if it thinks fit, require the production of, or itself inspect such
material thing.
Chapter 11 Of Documentary Evidence
Proof of contents of documents
52. (1) The contents of documents may be proved either by primary or by secondary evidence.
(2) Documents must be proved by primary evidence except in the cases mentioned in rule 56 of
these rules.
(3) Nothing in the rules hereinafter contained shall affect the provisions of any law regarding
proof of the existence and contents of particular documents, such as the provisions of the civil
code regarding proof of wills and contracts.
(4) Where a number of documents are all made by one uniform process, as in the case of
printing, lithograph or photography, each is primary evidence of the contents of the rest; but
where they are all copies of a common original they are not primary evidence of the contents of
the original.

Primary evidence
54. (1) Primary evidence means the document itself produced for the inspection of the court.
(2) Where a document is executed in several parts, each part is primary evidence of the
document.
(3) Where a document is executed in counterpart, each counterpart being executed by one or
some of the parties only, each counterpart is primary evidence as against the parties executing it.
(4) Where a number of documents are all made by one uniform process, as in the case of
printing, lithograph or photography, each is primary evidence of the contents of the rest, but
where they are all copies of a common original they are not primary evidence of the contents of
the original.
Secondary Evidence
55. Secondary evidence means and includes
(a) Certified copies given under the provisions hereinafter contained;
(b) Copies made form the original by mechanical processes which in themselves insure the
accuracy of the copy, and copies compared with such copies;
(c) Copies made from or compared with the original
(d) Counterparts of documents as against the parties who did execute them; accounts of the
contents of a document given by some person who has himself seen it
When secondary evidence may be given
56. (1) Secondary evidence may be given of the existence, condition or content of a document
when
(a) The original is shown or appears to be in the possession or power of the person against
whom the document is sought to be proved, or of any person out of reach of, or not
subject to, the process of the court, or of any person legally bound to produce it and when
after the notice mentioned in rule 57, such person does not produce it;
(b) The existence, condition or contents of the original have been proved to be admitted in
writing by the person against whom it is proved or by his representative in interest;
(c) The original has been destroyed or lost, or when the party offering evidence of its
contents cannot for any other reason not arising from his own default or neglect, produce
it in reasonable time;
(d) The original is of such a nature as not to be easily movable;
(e) The original is a public document within the meaning of rule 60;
(f) The original is a public documents of which a certified copy is permitted by these rules
or by any other law in force to be given in evidence;
(g) The originals consist of numerous accounts or other documents which cannot
conveniently be examined in court and the fact to be proved is the general result of the
whole collection.
(2) In the cases mentioned in paragraphs (a), (c) and (d) of sub-rule (1), the written admission
is admissible.
(3) In the case mentioned in paragraph (b) of sub-rule (1), the written admission is
admissible.
(4) In the cases mentioned in paragraphs (e) and (f) of sub-rule (1), a certified copy of the
document, but no other kind of secondary evidence, is admissible.
(5) In the case mentioned in paragraph (g) of sub-rule (1), evidence may be given as to the
general result of the documents by any person who has examined them and who is skilled in
the examination of such documents.
Rules as to notice to produce
57. Secondary evidence of the documents referred to in rule 56(1)(a) shall not be given
unless the party proposing to give such secondary evidence has previously given to the party
in whose possession or power the document is or to his attorney or pleader such notice to
produce it as is prescribed by law or, if no notice is prescribed by law, then such notice as the
court considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence
admissible when the court thinks fit to dispense with it or when -
(a) The document to be proved is itself a notice
(b) From the nature of the case, the adverse party must know that he will be required to
produce it;
(c) It appears or is proved that the adverse party has obtained possession of the original by
fraud or force;
(d) The adverse party or his agent has the original in court;
(e) The adverse party or his agent has admitted the loss of the document;
(f) The person in possession of the document is out of reach of, or not subject to, the process
of the court.
(2) Any officer who, in the ordinary course of official duty, is authorized to deliver such copies,
shall be deemed to have the custody of such documents within the meaning of this rule.
(3) Without prejudice to the provisions of rule 62 certified copes may be produced in proof of the
contents of the public documents or parts of the public documents of which they purport to be
copies.
Proof of official documents
62. The following public documents may be proved as follows
(a) the acts, orders or notifications of the government in any of its departments, by the
records of the departments certified by the heads of those departments respectively, or
by any document purporting to be printed by order of the Government or department;
(b) The proceedings of the legislature, by the journals of the legislative body or by copies
thereof purporting to be printed by order of the government;
(c) The laws of Ethiopia, by copies contained in the Negarit Gazeta;
(d) The laws, the acts of the executive or the proceedings or the legislature of a foreign
country, by journals published by the authority of the government of that foreign country
or by the respective public bodies or commonly received in that country as such, or by a
copy certified under the official seal of that country, or by a recognition thereof in some
act of the Imperial Ethiopia government;
(e) The proceedings of a municipal body, by a certified copy of such proceedings, or by
some document purporting to be published by the authority of such body;
(f) Public document of any other class in a foreign country, by the original or by a certified
copy thereof, by the original or by a certified copy thereof, with a certificate under the
seal of an Ethiopian diplomatic agent or consul that the copy is duly certified by the
officer having the legal custody of the original.
Chapter 13 Presumptions as to documents
Presumption as to genuineness of certified copies
63. (1) The court shall presume to be genuine every documents purporting to be a certificate,
certified copy or other document, which is by law declared to be admissible as evidence of any
particular fact and which purports to be duly certified by any officer of the government who is
duly authorized thereto by the Government;
Proof of signature or handwriting
58. If a document is alleged to be signed or to have been written wholly or in part by any person,
the signature or the handwriting of so much of the document as is alleged to be in the person's
handwriting must be proved to be in his handwriting.
Comparison of signature, writing with others admitted or proved
59. (1) In order to ascertain whether a signature, writing or seal is that of the person by whom it
purports to have been written or made, any signature, writing or seal admitted or proved to the
satisfaction of the court to have been written or made by that person may be compared with the
one which is to be proved, although that signature, writing or seal has not been produced or
proved for any other purpose.
(2) The court may direct any person in court, except a person accused of an offence to write any
words or figures for the purpose of enabling the court to compare the words or figures so written
with any words or figures alleged to have been written by such person.
(3) This rule applies, with any necessary modifications, to finger impressions.

Chapter 12- Public Documents

Public documents
60. (1) The following documents are public documents
(a) Documents forming the acts or records of the acts of
(i) The sovereign authority
(ii) Official bodies and courts;
(iii) Public officers, legislative, judicial and executive of the empire of Ethiopia or
of a foreign country; and
(b) Public records kept in Ethiopia of private documents
(2) All other documents are private.
Certified copies of public documents
61. (1) Every public officer having the custody of a public document, which any person has a
right to inspect, shall give that person on demand a copy of it on payment of the legal fees
therefore, together with a certificate written at the foot of such copy that it is a true copy of such
document or part thereof, as the case may be, and such certificate shall be dated and subscribed
by such officer with his name and his official title, and shall be sealed, whenever such officer is
authorized by law to make use of such seal, and such copies so certified shall be called certified
copies.
Provided that such document is substantially in the form and purports to be executed in the
manner directed by law in that behalf.
(2) The court shall also presume that any officer by whom such document purports to be signed
or certified, held, when he signed it, the official character which he claims in such document.
Presumption as to documents produced as record of evidence
64. Whenever any document is produced before any court, purporting to be a record of the
evidence, or any part of the evidence, given by a witness in any court, or to be a statement or
confession by any prisoner or accused person, taken in accordance with law, and purporting to be
signed by any judge, the court shall presume that -
(a) the document is genuine;
(b) any statements as to the circumstances under which it was taken, purporting to be made
by the person signing it, are true; and
(c) such evidence, statement or confession was duly taken
Presumption as to gazettes, newspapers and other documents
65. The court shall presume the genuineness of every document purporting to be the Negarit
Gazeta or similar official publication of the government of Ethiopia, or to be a newspaper or
journal, and of every document purporting to be a document directed by any law to be kept by
any person, if such document is kept substantially in the form required by law and is produced
from proper custody.
Presumption as to seal or signature
66. Where any official or judicial documents is produced before any court, the court shall
presume that the seal, stamp or signature authenticating it is genuine and that the person signing
it held, at the time when he signed it, the judicial or official character which he claims and such
document shall be admissible as though such seal, stamp or signature or the official or judicial
character of such person had been proved.
Presumption as to maps, plans made by the authority of the government
67. The court shall presume that maps or plans purporting to be made by the authority of the
government were so made, and are accurate; but maps or plans made for the purpose of any
cause must be proved to be accurate.
Presumption as to collections of laws and reports of decisions
68. The court shall presume the genuineness of every book purporting to be printed or published
under the authority of the Government of any country and to contain any of the laws of that
decisions of the courts of such country.
Presumption as to powers-of-attorney
69. The court shall presume that every document purporting to be a power-of-attorney and to
have been executed before, and authenticated by, a notary public, or any court, judge, or
Ethiopian diplomatic agent or consul in a foreign country, was so executed and authenticated.
Presumptions as to private documents executed in a foreign country
70. The court shall presume that a private document purporting to have been executed and
authenticated in a foreign country before a public officer or other person authorized by the law of
that foreign country has been so executed and authenticated when the signature and title of the
public officer or person are also authenticated by an Ethiopian diplomatic agent or consul in that
country.
Presumptions as to certified copies of foreign judicial records
71. The court may presume that any document purporting to be a certified copy of any judicial
record made in a foreign country is genuine and accurate, if the document purports to be certified
in any manner which is certified by an Ethiopian diplomatic agent or consul to be the manner
commonly in use in that country for the certification of copies of judicial records.
Presumption as to books, maps and charts
72. The court may presume that any book to which it may refer for information on matters of
public or general interest, and that any published map or chart, the statements of which are
relevant facts and which is produced for its inspections, was written and published by the person
and at the time and place, by whom or at which it purports to have been written or published.
Presumption as to telegraphic messages
73. The court may presume that a message, forwarded from a telegraphic office to the person to
whom such message purports to be addressed, corresponds with a message delivered for
transmission at the office from which the message purports to be sent; but the court shall not
make any presumption as to the person by whom such message was delivered for transmission.
Presumption as to documents not produced
74. The court shall presume that every document, called for and not produced after notice to
produce, was attested, stamped and executed in the manner required by law.
Chapter 14- of the exclusion of oral evidence by documentary evidence
Evidence of matter reduced to form of document
75. In all cases in which any matter is required by law to be reduced to the form of a document
and where the terms of a contract have been reduced to the form of a document, no evidence
shall be given in proof of such matter or terms of a contract except the document itself or
secondary evidence of its contents in cases in which secondary evidence is admissible under the
provisions hereinbefore contained.
Exclusion of evidence of oral agreement and exceptions
76. When the terms of a document have been proved according to rule 75, no evidence of any
oral agreement or statement shall be admitted, as between the parties to any such instrument or
their representatives in interest, for the purpose of contradicting, varying, adding to, or
subtracting from its terms:
Provided that -
(a) any fact may be proved which would invalidate any document or entitle any person to
any decree or order relating thereto, such as fraud, intimidation, illegality, want of due
execution, want of capacity in any contracting party or mistake in fact or law;
(b) any fact may be proved which shows, that in relation to a particular document, the
elements of the offence under article 667 of the Penal Code are present;
(c) the existence of any separate oral agreement as to any matter on which the document is
silent and which is not inconsistent with its terms, may be proved, unless such document
is required by law to be made in writing;
(d) the existence of any separate oral agreement constituting a condition precedent to the
attaching of any obligation under the document may be proved, except where it refers to
a matter required by law to be made in writing;
(e) the existence of any distinct subsequent oral agreement to rescind or modify the
document may be proved, except if it refers to a matter required by law to be reduced to
writing or it has been registered according to the law in force for the time being as to the
registration of documents;
 (f) any usage or custom by which incidents not expressly mentioned in any contract are
usually annexed to contracts of that description, may be proved, if the annexing of such
incident would not be repugnant to, or inconsistent with, the express terms of the
contract.
(2) This rule shall be without prejudice to the provisions of the Civil Code under which one party
may tender the oath to the other party.
Exclusion of evidence to explain or amend ambiguous document
77. When the language used in a document is, on its face, ambiguous or defective, evidence may
be given of facts which would show its meaning or supply its defects.
Provided that evidence may be given of facts which would show the common intention of the
parties but not in such a way as to create a new contract between the parties.
Evidence as to application of language
78. (1) Any fact may be proved which shows in what manner the language of a document is
related to existing facts.
(2) When the language used in a document is plain in itself and applies accurately to existing
facts, evidence may not be given to show that it as not meant to apply to such facts.
(3) When the language used in a document is plain in itself and applies accurately to existing
facts, evidence may be given to show that it was used in a peculiar sense.
(4) 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.
Evidence as to meaning of illegible characters, etc
79. Evidence may be given to show the meaning of illegible or not commonly intelligible
characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and
of words used in a peculiar sense.
Evidence by third parties
80. Without prejudice to the provisions of the Civil code regarding the rights of third parties to
disprove an instrument, persons who are not parties to a document, or their representative in
interest, may give evidence of any facts tending to show a contemporaneous agreement varying
the terms of the document.
Part III- Production and Effect of Evidence
 Chapter 15 - of the burden of proof
Burden of proof in General
81. (1) 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 facts exist.
(2) When a person is bound to prove the existence of any fact, it said that the burden of proof lies
on that person.
(3) The burden of proof in any proceeding shall lie on the person who would fail if no evidence
at all were given on either side.
Burden of Proof as to any particular fact
82. 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.
Burden of proving fact to be proved to make evidence admissible
83. The burden of proving any fact necessary to be proved in order to enable any person to give
evidence of any other fact lies on the person who wishes to give such evidence.
Burden of proving that case of accused comes within exceptions
84. (1) Where a person is accused of any offence, the burden or proving the existence of
circumstances bringing the case within any exception of exemption from, or qualification to, the
operation of the law creating the offence with which he is charged and the burden of proving any
fact especially within the knowledge of such person is upon him:
Provided that such burden shall be deemed to be discharged if the court is satisfied by evidence
given by the prosecution, whether in cross-examination or otherwise, that such circumstances or
facts exist; and
Provided further that the person shall be entitled to be acquitted of the offence with which he is
charged if the court is satisfied that the evidence given by either the prosecution or the defence
creates a reasonable doubt as to the guilt of the accused person in respect of that offence.
(2) Nothing in this rule shall
(a) Prejudice or diminish, in any respect the obligation to establish by evidence according to
law any acts, omissions or intention which are legally necessary to constitute the offence
with which the person accused is charged or
 (b) Impose on the prosecution the burden of proving that the circumstances or facts
described in sub-rule (1) do not exist; or
(c) Affect the burden placed upon an accused to prove criminal irresponsibility or limited
responsibility, when raised as a defense.

Burden of proving fact especially within knowledge

85. In civil proceedings, when any fact is especially within the knowledge of any person, the
burden of proving that fact is on him.
Burden of proof as to certain relationships
86. When the question is whether persons are partners, landlord and tenant, or principal and
agent, and it has been shown that they have been acting as such, the burden of proving that they
do not stand, or have ceased to stand, to each other in those relationships respectively, shall be on
the person who affirms it.
Burden of proving ownership
87. When the question is whether any person is the owner of anything of which he is shown to be
in possession, the burden of proving that he is not the owner lies on the person who affirms that
he is not the owner.
Burden of proving good faith
88. Where there is a question as to the good faith of a transaction between parties, one of whom
stands to the other in a position of active confidence, the burden of proving the good faith of the
transaction lies on the party who is in a position of active confidence, the burden of proving the
good faith of the transaction lies on the party who is in a position of active confidence.
Court may presume existence of certain facts
89. The court may presume the existence of any fact which it thinks likely to have happened,
regard being had to the common course of natural events, human conduct and public and private
business, in their relation to the facts of the particular case.
Chapter 16- Estoppels
Estoppels
90. 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 proceeding between himself and such a person or his
representative, to deny the truth of that thing.
Estoppels of tenant and of license of person in possession
91. Not tenant of immovable property, or person claiming through such tenant, shall, during the
continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the
beginning of the tenancy, a title to such immovable property, and no person who came upon any
immovable property by the license of the person in possession therefore shall be permitted to
deny that such person had a title to such possession at the time when such license was given.
Chapter 17- Witnesses
Competency of witnesses
92. (1) 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, disease of the body or mind or any other cause of the same
kind.
(2) A person who is unable to speak shall not be incompetent and may give his evidence in any
manner in which he can make it intelligible, as by writing or signs, but such writing must be
written and the signs made in open court. Such signs may be interpreted by a person who
understands such signs and who is sworn to interpret such signs accurately. Evidence given in
accordance with this sub-rule shall be deemed oral evidence.
(3) A person who is temporarily disabled from testifying or from making his evidence intelligible
as provided in this rule shall become competent upon termination of the disability.
Parties to civil suits and their wives and husbands
93. In all civil proceedings the parties to the suit, and the husband or wife (of any party to the
suit, shall be competent witnesses).
Husband or wife of person under criminal trial
94. (1) In criminal proceedings against any person, the husband or wife of such person
respectively shall be a witness if called by the accused.
(2) In criminal proceedings against a husband or a wife for an offence committed against the
wife or husband, such wife or husband shall be a competent witness for the prosecution.
Compellable witnesses
95. Persons who are not incompetent, for the reasons specified in rule 92 to give evidence shall
be compellable to give evidence, unless they enjoy diplomatic immunity or they are privileged
from making disclosures in accordance with the rules hereinafter contained.
Privileged witnesses
96 (1) No person shall be compelled to answer any question which he is not authorized to answer
according to Article 406, 408 or 444 of the Penal Code.
(2) Nothing in sub-rule (1) of this rule shall protect any person, other than a minister or religion
from disclosing -
(a) any communication made in furtherance of any illegal purpose;
(b) any fact observed by such person in the course of his employment as such, showing that
ay crime or fraud ha been committed since the beginning of his employment.

Communication during marriage

97. No person who is or has been married shall be compelled to disclose any communication
made to him during marriage by the person to whom he is or has been married, unless the person
who made it, or his representative in interest consents, except in civil proceedings between
married persons, or in criminal proceedings as mentioned in rule 94.
Evidence as to affairs of state
98. No one shall be permitted to produce any unpublished official records relating to affairs of
state or to give any evidence derived therefrom except with the permission of the minister of the
department concerned who may give or withhold such permission as he thinks fit:
Provided that when permission is withheld a statement signed by the Minister shall be submitted
to the court stating that he has considered the document in question carefully and that he has
come to the conclusion that such document cannot be produced, or evidence therefrom cannot be
given, without injury to public interests.
Information as to commission of offences
99. No police officer shall be compelled to say whence he got any information as to the
commission of any offence, nor shall any officer employed in or about the business of any
branch of the public revenue be compelled to say whence he got any information as to the
commission of any offence against the public revenue.
Privilege not waived by volunteering evidence
100. If any party to a proceeding gives evidence therein at this own instance or otherwise he shall
not be deemed to have thereby authorized any person to disclose any matter which such person
cannot be compelled to disclose, and if such party calls such person as a witness, he shall be
deemed to have consented to such disclosure only if he questions him on matters which, but for
such question, he would not be at liberty to disclose.
Action of documents
101. No one shall be compelled to produce documents in his possession, which any other person
would be entitled to produce if they were in his possession, unless such mentioned person
consents to their production nor shall who is entitled to refuse to produce a document be called to
give oral evidence of its contents.
Criminating questions
102. (1) A witness shall not be excused from answering any question as to any matter relevant to
the matter in issue in any or criminal proceeding, upon the ground that the answer to question
will criminate, or may tend directly or indirectly imitate, such witness, or that it will expose, or
tend directly to expose, such witness to a penalty or forfeiture kind.
(2) No answer which a witness shall be compelled by court to give shall subject him to any arrest
or prosecution, proved against him in any criminal proceeding except a prosecution for giving
false evidence by such answer.
(3) Before compelling a witness to answer a question the answer to which will criminate or may
tend directly or indirectly to criminate such witness, the court shall explain to the witness the
purport of the provisions in sub (2) of this rule.
Number of Witnesses
103. Unless otherwise expressly provided in any law, no particular number of witnesses shall in
any case be required he proof of any fact.
Chapter 18 of the examination of witnesses
104. (1) Every witness shall, before giving evidence, in any proceeding, take an oath or make a
solemn affirmation that he will speak the truth, the whole truth and nothing but the truth;
Provided that the evidence of any person who, by reason tender years or ignorance or otherwise
is, in the opinion of court, unable to understand the nature of an oath, may be received without
the taking of an oath or the making of an affirmation if, in the opinion of the court, he is
possessed of sufficient intelligence to justify the reception of the evidence and understands the
duty of speaking the truth.
(2) No oath shall be administered to the accused in a criminal proceeding.
Order of production and examination of witnesses
105. The order in which witnesses are produced and examined shall be regulated by the
law and practice for the time being relating to civil and criminal procedure, and in the
absence of any such law on any particular point, by the discretion of the court.

Court to decide as to admissibility of evidence

106. (1) When either party decides to give evidence of any fact, the court may ask the
party proposing to give the evidence in what manner the alleged fact, if proved, would
be relevant.
(2) If the fact proposed to be proved is one of which evidence is admissible only upon proof
of some other fact, such last mentioned fact must be proved before evidence is given of the
fact first mentioned; unless the party undertakes to give proof of such fact and the court is
satisfied with such undertaking.
(3) If the relevancy of one alleged fact depends upon another alleged fact being first proved,
the court may, in its 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 evidence is
given of the first fact.
Examination-in-chief, cross-examination and re-examination
107. (1) The examination of a witness by the party who calls him shall be called his
examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination.
(3) The examination of a witness, subsequent to the cross-examination, by the party who
called him, shall be called his re-examination.
Order of examinations
108. (1) Witnesses shall first be examined-in-chief, then, if the adverse party so desires,
cross-examined, and then, if the party calling them so desires, re-examined.
(2) 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.
(3) The re-examination shall be directed to the explanation of matters referred to in cross-
examination and no new matter may be introduced in re-examination except by permission of
court and when such new matter is introduced the adverse party may further cross-examine
on that matter.
Persons called to produce documents
109. A person summoned to produce a document may not be cross-examined unless and until
he is called as a witness.
Witness to character
110. Witness to character may be cross-examined and re-examined.
Leading questions
111. (1) Any question suggesting the answer which the person putting it wishes or expects to
receive, is called a leading question.
(2) Leading questions must not, if objected to by the adverse party, be asked in an
examination-in-chief or in re-examination, except with the permission of the court.
(3) The court shall permit leading questions as to matters which are introductory or
undisputed, or which have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination
Evidence as to matters in writing
112. (1) Any witness may be asked, whilst under examination, whether any matter as to
which he is giving evidence was not contained, in a document, and if he says that it was, or if
he is about to make any statement as to the contents of any document, which, in the opinion
of the court, ought to be produced, the adverse party may object to such evidence being given
until such document is produced, or until facts have been proved which entitle the party who
called the witness to give secondary evidence.
(2) A witness may give oral evidence of statements made by other persons about the contents
of documents if such statements are in themselves relevant facts.
Cross-examination as to previous statements
 113. (1) A witness may be cross-examined as to previous statements made by him in writing
or reduced into writing, and relevant to matters in question, without such writing being
shown to him, or being proved; but, if it is intended to contradict him by the writing, his
attention must, before the writing can be proved, be called to those parts of it which are to be
used for the purpose of contradicting him.
(2) If a witness, upon cross-examination as to a previous oral statement made by him relevant
to matters in question in the suit or proceeding in which he is cross-examined and
inconsistent with his present testimony does not distinctly admit that he made such a
statement, proof may be given that he did in fact make it; but before such proof can be given
the circumstances of the supposed statement sufficient to designate the particular occasion
must be mentioned to the witness, and he must be asked whether or not he made such a
statement.
Questions lawful in cross-examination
114. (1) When a witness is cross-examined, he may, in addition to the questions herein before
mentioned, be asked any questions which tend -
(a) to test his accuracy, veracity or credibility;
(b) to discover who he is and what is his position in life; or
(c) to shake his credit, by injuring his character, although the answer to such questions might
tend directly or indirectly to criminate him or might expose him or tend directly or
indirectly to expose him to a penalty or forfeiture
(2) If any such question relates to a matter relevant to the proceeding the witness shall be
compelled to answer it and provisions of rule 102 shall apply thereto.
(3) If any such question relates to a matter not relevant to the proceeding, except insofar as it
affects the credit of the witness by injuring his character, the court shall decide whether or not
the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is
not obliged to answer it.
(4) In deciding whether or not a witness shall be compelled to answer a question the court shall
have regard to whether the question is proper or improper and for the purpose of this rule a
question is
 (a) Proper if it is of such a nature that the truth of the imputation which it conveys would
seriously affect the opinion of the court as to the credibility of the witness on the matter
to which he testifies;
(b) Improper if there is a great disproportion between the importance of the imputation made
against the witness character and the importance of his evidence, or if the imputation
which it conveys relates to matters so remote in time or of such a nature that the truth of
the imputation would not affect, or would affect in a slight degree the opinion of the
court as to the credibility of the witness on the matter to which he testifies.
10. The court may, if it sees fit, draw, from the witness' refusal to answer, the inference that
the answer if given would be unfavorable.

Questions not to be asked without reasonable ground

115. (1) No such question as is referred to in Rule 114 ought to be asked, unless the person
asking it has reasonable grounds for thinking that the imputation which it convey is well
founded.
(2) If the court is of the opinion that any such question was asked without reasonable ground, it
may, if it was asked by any advocate take such action as it is empowered to take under any law
in force relating to discipline of advocates.
Indecent, scandalous and insulting questions
116. (1) The court may forbid any questions which it regards as indecent or scandalous, although
such questions may have some bearing on the questions before the court, unless they relate to
facts in issue, or to matters necessary to be known in order to determine whether or not the facts
in issue existed.
(2) The court shall forbid any question which appears to it to be intended to insult or annoy, or
which, though proper in itself appears to the court needlessly offensive in form.
Answers to questions testing veracity may not be contradicted
117. When a witness has been asked and has answered any question which is relevant to the
proceeding only insofar as it tends to shake his by injuring his character; no evidence shall be
given to contradict him:
Provided that -
(a) if he answers falsely, he may afterwards be charged with giving false evidence;
 (b) If he is asked whether he has been previously convicted of any crime and denies it,
evidence may be given of his previous conviction;
(c) If he is asked any question tending to impeach his and answers it by denying the facts
suggested, he may be contradicted.
Hostile witness
118. The court may permit the person who calls a witness to put any questions to him which
might be put in cross-examination by the adverse party, when the court considers that such
witness is hostile to the party calling him.
Impeaching credit of witness
119. 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 -
(a) by the evidence of persons who testify that they, from their knowledge of the witness
believe him to be unworthy of credit;
(b) 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;
(c) by proof of former statements inconsistent with any part of his evidence which is liable to
be contradicted.
Questions tending to corroborate evidence of relevant fact admissible
120. When a witness whom it is intended to corroborate gives evidence of any relevant fact, he
may be questioned as to any other circumstances which he observed at or near to the time or
place at which such relevant fact occurred, if the court is of opinion that such circumstances, if
proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.
Former statements in corroboration
121. In order to corroborate the testimony of a witness, any former statement made by such
witness relating to the same fact at or about the time when the fact took place, or before any
authority legally competent to investigate the fact, may be proved.
Proof of matters in connection with statements relevant under rule 29 and 30
122. Whenever any statement, relevant under rule 29 or 30, is proved, all matters may be proved
either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of
the person by whom it was made, which might have been proved if that person had been called
as a witness and had denied upon cross-examination the truth of the matter suggested.
Refreshing memory
123. (1) 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.
(2) 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.
(3) 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 when the court is satisfied that there is
sufficient reason for the non-production of the original.
(4) An expert may refresh his memory by reference to professional treatises.
Testimony to facts stated in documents
124. A witness may also testify to facts mentioned in any such document as is mentioned in rule
123 although he has no specific recollection of the facts themselves, if he is sure that the facts
were correctly recorded in the document.
Right of adverse party as to writing used to refresh memory
125. Any writing referred to under the provisions of rules 123 and 124 must be produced and
shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the
witness thereupon.
Production of documents
126. (1) A witness summoned to produce a document shall, if it is in his possession or power,
bring it to court, notwithstanding any objection which there may be to its production or to its
admissibility. The validity of any such objection shall be decided on by the court.
(2) The court, if it sees fit, may inspect the document, unless it refers to matters of state, or take
other evidence to enable it to determine on its admissibility.
Documents called for and produced on notice
127. When a party calls for a document which he has given the other party notice to produce, and
such document is produced and inspected by the party calling for its production, he is bound to
give it as evidence if the party producing it requires him to do so and if it is relevant.
Using, as evidence, a document production of which was refused on notice
128. When a party refuses to produce a document which he has had notice to produce, he cannot
afterwards use the document as evidence without the consent of the other party or the order of
the court.

Court may put question or order production of documents

129. (1) The court may, in order to discover or to obtain proper proof of relevant facts, ask any
question it pleases, in any form, of any witness, or of the parties about any fact relevant or
irrelevant, and may order the production of any document or thing.
(2) Neither the parties nor their agents shall be entitled to make any objection to any such
question or order, nor, without leave of the court, to cross-examine any witness upon any answer
given in reply to any such question.
(3) Notwithstanding the foregoing provisions of this rule, the judgment of the court must be
based upon facts declared by these rules to be relevant and duly proved.
(4) Nothing in this rule shall authorize the court to compel any witness to answer any question,
or to produce any documents which such witness would be entitled to refuse to answer or
produce under rules 96 to 101, both inclusive, if the question were asked or the document were
called for by the adverse party nor may the court ask any question which it would be improper
for any other person to ask under rules 114 and 115; nor shall the court dispense with primary
evidence of any document, excepting the cases herein before excepted.
Court may recall witnesses and order confrontation
130. (1) The court may at any time, of its own motion or on the request of either party, order that
a witness be recalled and further examined;
(2) Where the evidence of two or more witnesses is unclear or contradictory, the court may order
that such witnesses be confronted with one another or with the parties to the proceeding.
(3) Witnesses who are recalled or confronted shall be examined in such manner as the court shall
direct
Chapter 19 Of Improper Admission or Rejection of Evidence
No new trial for improper admission or rejection of evidence
131. The improper admission or rejection of evidence shall not be a ground of itself for a new
trial or reversal of any decision in any case, if it shall appear to the court before which such
objection is raised, that, independently of the evidence objected to and admitted, there was
sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it
ought not to have varied the decision.
Part IV - Special Rules in Criminal Proceedings
Chapter 20- Evidence of Experts and Evidence on Commission
Reports by experts
132. Any document purporting to be a report, under the hand of a qualified medical practitioner
or chemical examiner or analyst or other technical expert in the employment of the government
or governmental institution, upon the cause of death or upon any matter or thing submitted to
him for examination, or analysis, and report in connection with any criminal proceeding, may be
given in evidence in such proceeding, although the person signing the report is not summoned to
appear in court:
Provided that the court, if it considers that for the ends of justice the presence of such person is
necessary for examination, may of it own motion or on the request of either of the parties,
summon such person to be examined.
Evidence on commission
133. (1) Whenever in the course of any criminal proceeding it appears to the court that the
examination of a witness is necessary for the ends of justice, and that the attendance of such
witness cannot be procured without an amount of delay, expense or inconvenience which, under
the circumstances of the case, would be unreasonable, such court may dispense with such
attendance and may issue a commission to any court within the local limits of whose jurisdiction
such witness resides, to take the evidence of such witness.
(2) The parties to any proceeding in which a commission is issued may respectively forward any
interrogatories in writing which the court directing the commission may think relevant to the
issue and the court to whom the commission is directed shall examine the witness upon such
interrogators.
(3) Any such party may appear before the court by pleader or any representative, or, if not in
custody in person, and may examine, cross-examine and re-examine, as the case may be, the said
witness.
(4) After a commission has been duly executed, it shall be returned, together with the deposition
of the witness examined hereunder, to the court from which it was issued, and the commission,
the return thereto and the deposition shall form part of the record of the criminal proceeding.
(5) In every case in which a commission is issued under this rule, the proceeding may be
adjourned for a specific time reasonably sufficient for the execution and return of the
commission.
Chapter 21- Evidence regarding criminal responsibility
Accused unfit to plead
134. When in the course of any criminal proceeding, whether a preliminary enquiry or trial, the
court has reason to believe that the accused is of unsound mind or for any reason is incapable of
understanding the proceedings, and consequently in capable of making his defense, the court
shall order a medical examination as hereinafter provided.
Doubt as to responsibility of accused
135. When at the trial the accused alleges that he was not fully responsible at the time of he
commission of the offence and the court is in doubt as to his responsibility, whether total or
partial, the court shall order a medical examination as hereinafter provided.
Procedure on ordering medical examination
136. (1) On ordering a medical examination, the court shall remand the accused to such suitable
institution as shall be specified in the order to be there examined by such expert as the court shall
appoint.
(2) No remand shall be ordered for more than one month, but where the expert informs the court
that he is unable to form a definite conclusion within that period, the court may extend the period
for a further period not exceeding two months.
(3) Nothing in this rule shall prevent the court from releasing the accused on bail on the
conditions laid down in the criminal procedure code, unless the expert satisfies the court that the
accused must be confined for the purposes of the examination or the court is satisfied that the
accused is dangerous to others.
Appointment of expert
137 (1) On ordering a medical examination, the court shall
(a) Appoint as an expert such person as is, in the opinion of the court, possessed of the
necessary qualifications for making the examination;
 (b) Require the expert to investigate the condition of the accused and the effects thereof on
his mental faculties and responsibility at the time of the preliminary enquiry or trial or at
the time of the commission of the offence, or at both such times;
(c) Provide the expert with such information as is necessary to enable him to make the
examination.
(2) The court may, whenever, it thinks fit or the expert so requires, make an order under rule 138
in addition to the order for medical examination.
Collection of general information
138. (1) In the circumstances mentioned in rule 137(2) the court shall appoint one or more
commissioners and require them to collect as much relevant information as possible concerning
the accused and to report their findings, in writing, to the court within such time as the court shall
specify.
(2) For the purpose of collecting such information, the commissioners shall have the power to
examine any person acquainted with the accused, his character, antecedents and circumstances,
and to consult any relevant record or other document concerning him.
(3) Upon submission of the report, the court, and under the court's direction, the parties, may ask
the commissioners any relevant question regarding the manner in which they conducted their
investigation
(4) The court shall make such ruling on any question raised during the examination of the
commissioners and with such directions as may be necessary give a copy of the commissioners'
findings to the expert.
Supplementary or new examination
139. When the results of the medical examination are not such as to dispel the doubt of the court
concerning the mental condition or responsibility of the accused, the court may require the expert
to make supplementary examination or may appoint a new or additional expert to make a new
examination.
Procedure after completion of investigation
140. (1) Upon completion of the medical examination, the expert shall submit to the court a
written report which shall form part of the record of the proceeding, and he shall testify in court
as to the mental condition or responsibility of the accused.
(2) The expert shall be the witness of, and be examined by the court, but the parties may, under
he court's direction, ask him such questions as they think fit.
(3) The court may, in appropriate cases and where the interest of justice so requires, adjourn the
inquiry or trial so as to enable the parties to produce evidence to support or to rebut the findings
of the expert.
(4) The provisions of this rule shall be without prejudice to the provisions of rules 132 and 133
of these rules.
Decision in preliminary enquiry
141 (1) When the court conducting the preliminary enquiry is satisfied on the evidence of the
expert that the accused, whether or not he was responsible at the time of the commission of the
offence, is fit to stand trial, it shall continue with the enquiry and, on completion thereof, proceed
in accordance with the provisions of Article 91 of the criminal procedure code.
(2) When the court conducting the preliminary enquiry is satisfied on the evidence of the expert
that the accused is not fit to stand trial, it shall enter a finding to that effect on the record and
shall proceed with the enquiry in the absence of the accused, but the provisions of Article 109 of
the Criminal Procedure Code shall not apply so long as the accused is not fit to stand trial.
Decision at the trial
142. When the court trying the accused is satisfied on the evidence of the expert that the accused
is -
(a) not fit to stand trial, it shall adjourn the proceeding sine die and may make such order as
it thinks fit as to the medical treatment to be given or safety measures to be taken;
(b) fit to stand trial, it shall proceed with the trial and if it is satisfied that the accused was not
fully responsible at the time of the commission of the offence, make such orders as are
provided in the Penal code.
Resumption of trial
143. In the circumstances mentioned in sub-rule (2) of rule 141 and when proceedings have been
adjourned sine die as provided in rule 142, the court may resume the trial on application of the
public prosecutor and on being satisfied on such evidence as the public prosecutor may submit
that the accused is fit to stand trial.
Medical examination pending police investigation
144 (1) Notwithstanding anything hereinbefore in these rules contained, the public prosecutor
may, at any stage of the police investigation and, if need be, after ordering the investigating
officer to collect general information concerning the suspected person and his character,
antecedents and circumstances appoint an expert to establish the responsibility of the suspected
person.
(2) Where any such medical examination has been made, the public prosecutor shall state such
fact as the opening of the enquiry or trial and the court shall, before proceeding with the enquiry
or trial, hear the evidence of the expert and without prejudice to the provisions of rule 139 the
court may proceed in the manner provided in rule 141 or Rule 142.