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Section 8 Indian Evidence Act 1872

Section 1-2 3. Interpretation-clause Section 4 5. Evidence may be given of facts in issue and relevant facts. 6. Relevancy of facts forming part of same transaction 7. Facts which are the occasion, cause or effect of facts in issue 8. Motive, preparation and previous or subsequent conduct 9. Facts necessary to explain or introduce relevant facts 10. Things said or done by conspirator in reference to common design 11. When facts not otherwise relevant become relevant 12. In suits for damages, facts tending to enable Court to determine amount are relevant 13. Facts relevant when right or custom is in question 14. Facts showing existence of state of mind, or of body, of bodily feeling 15. Facts bearing on question whether act was accidental or intentional 16. Existence of course of business when relevant 17. Admission defined 18. Admission 19. Admissions by persons whose position must be proved as against party to suit 20. Admissions by persons expressly referred to by party to suit 21. Proof of admissions against persons making them, and by or on their behalf 22. When oral admissions as to contents of documents are relevant 22A. When oral admission as to contents of electronic records are relevant 23. Admissions in civil cases when relevant 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. 25. Confession to police-officer not to be proved 26. Confession by accused while in custody of Police not to be proved against him. 27. How much of information received from accused, may be proved 28. Confession made after removal of impression caused by inducement, threat or promise, relevant. 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence. 31. Admissions not conclusive proof, but may estop. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated 34. Entries in books of account when relevant. 35. Relevancy of entry in public record made in performance of duty. 36. Relevancy of statements in maps, charts and plans. 37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. 38. Relevancy of statements as to any law contained in law-books. 39. What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers. 40. Previous judgments relevant to bar a second suit or trial. 41. Relevancy of certain judgments in probate, etc., jurisdiction. 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. 43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. 45. Opinions of experts. 45A. Opinion of Examiner of Electronic Evidence 46. Facts hearing upon opinions of experts. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, when relevant 48. Opinion as to existence of right or custom, when relevant. 49. Opinion as to usages, tenets, etc., when relevant. 50. Opinion on relationship, when relevant. 51. Grounds of opinion, when relevant. 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. 55. Character as affecting damages 56. Fact judicially noticeable need not be proved. 57. Facts of which Court must take judicial notice. 58. Facts admitted need not be proved. 59. Proof of facts by oral evidence. 60. Oral evidence must be direct. 61. Proof of contents of documents. 62. Primary evidence. 63. Secondary evidence. 64. Proof of documents by primary evidence. 65. Cases in which secondary evidence relating to documents may be given 65A. Special provisions as to evidence relating to electronic record. 65B. Admissibility of electronic records. 66. Rules as to notice to produce. 67. Proof of signature and handwriting of person alleged to have signed or written document produced. 67A. Proof as to electronic signature. 68. Proof of execution of document required by law to be attested. 69. Proof where no attesting witness found. 70. Admission of execution by party to attested document 71. Proof when attesting witness denies the execution. 72. Proof of document not required by law to be attested. 73. Comparison of signature, writing or seal with others admitted or proved. 73A. Proof as to verification of digital signature. 74. Public documents. 75. Private documents. 76. Certified copies of public documents. 77. Proof of documents by production of certified copies. 78. Proof of other official documents. 79. Presumption as to genuineness of certified copies 80. Presumption as to documents produced as record of evidence. 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. 81A. Presumption as to Gazettes in electronic forms. 82. Presumption as to document admissible in England without proof of seal or signature. 83. Presumption as to maps or plans made by authority of Government.
See also  Section 111A Indian Evidence Act 1872
84. Presumption as to collections of laws and reports of decisions. 85. Presumptions as to powers-of-attorney. 85A. Presumption as to electronic agreements. 85B. Presumption as to electronic records and electronic signatures. 85C. Presumption as to electronic signature certificates. 86. Presumption as to certified copies of foreign judicial records. 87. Presumption as to books, maps and charts. 88. Presumption as to telegraphic messages. 88A. Presumption as to electronic messages. 89. Presumption as to due execution, etc., of documents not produced. 90. Presumption as to documents thirty years old 90A. Presumption as to electronic records five years old. 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. 92. Exclusion of evidence of oral agreement. 93. Exclusion of evidence to explain or amend ambiguous document. 94. Exclusion of evidence against application of document to existing facts. 95. Evidence as to document unmeaning in reference to existing facts. 96. Evidence as to application of language which can apply to one only of several persons. 97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. 98. Evidence as to meaning of illegible characters, etc. 99. Who may give evidence of agreement varying terms of document. 100. Saving of provisions of Indian Succession Act relating to wills. 101. Burden of proof. 102. On whom burden of proof lies. 103. Burden of proof as to particular fact. 104. Burden of proving fact to be proved to make evidence admissible 105. Burden of proving that case of accused comes within exceptions. 106. Burden of proving fact especially within knowledge. 107. Burden of proving death of person known to have been alive within thirty years. 108. Burden of proving that person is alive who has not been heard of for seven years. 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. 110. Burden of proof as to ownership. 111. Proof of good faith in transactions where one party is in relation of active confidence. 111A. Presumption as to certain offences. 112. Birth during marriage, conclusive proof of legitimacy. 113. Proof of cession of territory. 113A. Presumption as to abetment of suicide by a married woman. 113B. Presumption as to dowry death. 114. Court may presume existence of certain facts. 114A. Presumption as to absence of consent in certain prosecution for rape
See also  Section 167 Indian Evidence Act 1872
115. Estoppel. 116. Estoppel of tenants and of licensee of person in possession. 117. Estoppel of acceptor of bill of exchange, bailee or licensee. 118. Who may testify. 119. Witness unable to communicate verbally. 120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. 121. Judges and Magistrates. 122. Communications during marriage 123. Evidence as to affairs of State. 124. Official communications. 125. Information as to commission of offences. 126. Professional communications. 127. Section 126 to apply to interpreters, etc. 128. Privilege not waived by volunteering evidence 129. Confidential communications with legal advisers. 130. Production of title-deeds of witness not a party. 131. Production of documents or electronic records which another person, having possession, could refuse to produce. 132. Witness not excused from answering on ground that answer will criminate. 133. Accomplice. 134. Number of witnesses. 135. Order of production and examination of witnesses. 136. Judge to decide as to admissibility of evidence. 137. Examination-in-chief. Cross-examination. Re-examination. 138. Order of examinations. Direction of re-examination. 139. Cross-examination of person called to produce a document. 140. Witnesses to character. 141. Leading questions. 142. When they must not be asked. 143. When they may be asked. 144. Evidence as to matters in writing 145. Cross-examination as to previous statements in writing 146. Questions lawful in cross-examination. 147. When witness to be compelled to answer. 148. Court to decide when question shall be asked and when witness compelled to answer. 149. Question not to be asked without reasonable grounds. 150. Procedure of Court in case of question being asked without reasonable grounds. 151. Indecent and scandalous questions. 152. Questions intended to insult or annoy. 153. Exclusion of evidence to contradict answers to questions testing veracity. 154. Question by party to his own witness. 155. Impeaching credit of witness. 156. Questions tending to corroborate evidence of relevant fact, admissible. 157. Former statements of witness may be proved to corroborate later testimony as to same fact. 158. What matters may be proved in connection with proved statement relevant under section 32 or 33. 159. Refreshing memory. 160. Testimony to facts stated in document mentioned in section159. 161. Right of adverse party as to writing used to refresh memory. 162. Production of documents. Translation of documents. 163. Giving, as evidence, of document called for and produced on notice. 164. Using, as evidence, of document production of which was refused on notice 165. Judge’s power to put questions or order production. 166. Power of jury or assessors to put questions. 167. No new trial for improper admission or rejection of evidence. THE SCHEDULE [Repealed.]

Section 8 Indian Evidence Act 1872

Section 8 of the Indian Evidence Act 1872 is about ‘Motive, preparation and previous or subsequent conduct’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.

Motive, preparation and previous or subsequent conduct

Any fact is relevant which shows or constitutes a motive or preparation for 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, or 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, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1. –– The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2. –– When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

See also  Section 81A Indian Evidence Act 1872

Illustrations

(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.

(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.

(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant.

(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence –– “the police are coming to look for the man who robbed B,” and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing–– “I advise you not to trust A, for he owes B 10,000 rupees,” and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime.
The fact that A absconded, after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant.

(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed, without making any complaint, is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.


See also:

Section 7 Indian Evidence Act 1872 (Facts which are the occasion, cause or effect of facts in issue)

Section 9 Indian Evidence Act 1872 (Facts necessary to explain or introduce relevant facts)

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