The Indian Evidence Act `1872

To consolidate, define and amend the law of Evidence.
1872
  • CHAPTER II.--OF THE RELEVANCY OF FACTS

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     Evidence may be given of facts in issue and relevant facts
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     Relevancy of facts forming part of same transaction
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     Facts which are the occasion, cause or effect of facts in issue
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     Motive, preparation and previous or subsequent conduct
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     Facts necessary to explain or introduce relevant facts
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     Things said or done by conspirator in reference to common design
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     When facts not otherwise relevant become relevant
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     In suits for damages, facts tending to enable Court to determine amount are relevant
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     Facts relevant when right or custom is in question
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     Facts showing existence of state of mind, or of body, or bodily feeling
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     Facts bearing on question whether act was accidental or intentional
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     Existence of course of business when relevant
  • ADMISSIONS

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     Admission defined
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     Admission –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
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     Admissions by persons whose position must be proved as against party to suit
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     Admissions by persons expressly referred to by party to suit
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     Proof of admissions against persons making them, and by or on their behalf
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     When oral admissions as to contents of documents are relevant
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     When oral admission as to contents of electronic records are relevant
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     Admissions in civil cases when relevant
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     Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
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     Confession to police-officer not to be proved
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     Confession by accused while in custody of Police not to be proved against him
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     How much of information received from accused, may be proved
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     Confession made after removal of impression caused by inducement, threat or promise, relevant
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     Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
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     Consideration of proved confession affecting person making it and others jointly under trial for same offence
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     Admissions not conclusive proof, but may estop
  • STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

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     Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons, and expresses feelings relevant to matter in question
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     Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
  • STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

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     Entries in books of account when relevant
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     Relevancy of entry in public record made in performance of duty
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     Relevancy of statements in maps, charts and plans
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     Relevancy of statement as to fact of public nature contained in certain Acts or notifications
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     Relevancy of statements as to any law contained in law-books
  • HOW MUCH OF A STATEMENT IS TO BE PROVED

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     What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  • JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

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     Previous judgments relevant to bar a second suit or trial
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     Relevancy of certain judgments in probate, etc., jurisdiction
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     Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
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     Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
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     Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  • OPINIONS OF THIRD PERSONS WHEN RELEVANT

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     Opinions of experts
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     Opinion of Examiner of Electronic Evidence
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     Facts bearing upon opinions of experts
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     Opinion as to handwriting, when relevant
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     Opinion as to digital signature, when relevant
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     Opinion as to existence of right or custom, when relevant
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     Opinion as to usages, tenets, etc., when relevant
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     Opinion on relationship, when relevant
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     Grounds of opinion, when relevant
  • CHARACTER WHEN RELEVANT

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     In civil cases character to prove conduct imputed, irrelevant
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     In criminal cases previous good character relevant
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     Evidence of character or previous sexual experience not relevant in certain cases
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     Previous bad character not relevant, except in reply
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     Character as affecting damages
  • CHAPTER III.--FACTS WHICH NEED NOT BE PROVED

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     Fact judicially noticeable need not be proved
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     Facts of which Court must take judicial notice
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     Facts admitted need not be proved
  • CHAPTER IV.--OF ORAL EVIDENCE

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     Proof of facts by oral evidence
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     Oral evidence must be direct
  • CHAPTER V.--OF DOCUMENTARY EVIDENCE

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     Proof of contents of documents
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     Primary evidence
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     Secondary evidence
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     Proof of documents by primary evidence
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     Cases in which secondary evidence relating to documents may be given
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     Special provisions as to evidence relating to electronic record
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     Admissibility of electronic records
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     Rules as to notice to produce
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     Proof of signature and handwriting of person alleged to have signed or written document produced
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     Proof as to electronic signature
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     Proof of execution of document required by law to be attested
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     Proof where no attesting witness found
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     Admission of execution by party to attested document
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     Proof when attesting witness denies the execution
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     Proof of document not required by law to be attested
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     Comparison of signature, writing or seal with others admitted or proved
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     Proof as to verification of digital signature
  • PUBLIC DOCUMENTS

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     Public documents
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     Private documents
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     Certified copies of public documents
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     Proof of documents by production of certified copies
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     Proof of other official documents
  • PRESUMPTIONS AS TO DOCUMENTS

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     Presumption as to genuineness of certified copies
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     Presumption as to documents produced as record of evidence
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     Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
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     Presumption as to Gazettes in electronic forms
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     Presumption as to document admissible in England without proof of seal or signature
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     Presumption as to maps or plans made by authority of Government
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     Presumption as to collections of laws and reports of decisions
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     Presumptions as to powers-of-attorney
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     Presumption as to electronic agreements
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     Presumption as to electronic records and electronic signatures
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     Presumption as to Electronic Signature Certificates
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     Presumption as to certified copies of foreign judicial records
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     Presumption as to books, maps and charts
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     Presumption as to telegraphic messages
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     Presumption as to electronic messages
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     Presumption as to due execution, etc., of documents not produced
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     Presumption as to documents thirty years old
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     Presumption as to electronic records five years old
  • CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

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     Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
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     Exclusion of evidence of oral agreement
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     Exclusion of evidence to explain or amend ambiguous document
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     Exclusion of evidence against application of document to existing facts
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     Evidence as to document unmeaning in reference to existing facts
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     Evidence as to application of language which can apply to one only of several persons
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     Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
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     Evidence as to meaning of illegible characters, etc
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     Who may give evidence of agreement varying terms of document
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     Saving of provisions of Indian Succession Act relating to wills
  • CHAPTER VII.--OF THE BURDEN OF PROOF

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     Burden of proof
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     On whom burden of proof lies
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     Burden of proof as to particular fact
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     Burden of proving fact to be proved to make evidence admissible
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     Burden of proving that case of accused comes within exceptions
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     Burden of proving fact especially within knowledge
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     Burden of proving death of person known to have been alive within thirty years
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     Burden of proving that person is alive who has not been heard of for seven years
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     Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
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     Burden of proof as to ownership
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     Proof of good faith in transactions where one party is in relation of active confidence
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     Presumption as to certain offences
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     Birth during marriage, conclusive proof of legitimacy
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     Proof of cession of territory
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     Presumption as to abetment of suicide by a married woman
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     Presumption as to dowry death
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     Court may presume existence of certain facts
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     Presumption as to absence of consent in certain prosecution for rap
  • CHAPTER VIII.--ESTOPPEL

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     Estoppel
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     Estoppel of tenants and of licensee of person in possession
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     Estoppel of acceptor of bill of exchange, bailee or licensee
  • CHAPTER IX.--OF WITNESSES

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     Who may testify
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     Witness unable to communicate verbally
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     Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
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     Judges and Magistrates
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     Communications during marriage
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     Evidence as to affairs of State
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     Official communications
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     Information as to commission of offences
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     Professional communications
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     Section 126 to apply to interpreters, etc
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     Privilege not waived by volunteering evidence
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     Confidential communications with legal advisers
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     Production of title-deeds of witness not a party
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     Production of documents or electronic records which another person, having possession, could refuse to produce
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     Witness not excused from answering on ground that answer will criminate
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     Accomplice
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     Number of witnesses
  • CHAPTER X.--OF THE EXAMINATION OF WITNESSES

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     Order of production and examination of witnesses
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     Judge to decide as to admissibility of evidence
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     Examination-in-chief
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     Order of examinations
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     Cross-examination of person called to produce a document
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     Witnesses to character
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     Leading questions
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     When they must not be asked
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     When they may be asked
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     Evidence as to matters in writing
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     Cross-examination as to previous statements in writing
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     Questions lawful in cross-examination
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     When witness to be compelled to answer
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     Court to decide when question shall be asked and when witness compelled to answer
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     Question not to be asked without reasonable grounds
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     Procedure of Court in case of question being asked without reasonable grounds
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     Indecent and scandalous questions
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     Questions intended to insult or annoy
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     Exclusion of evidence to contradict answers to questions testing veracity
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     Question by party to his own witness
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     Impeaching credit of witness
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     Questions tending to corroborate evidence of relevant fact, admissible
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     Former statements of witness may be proved to corroborate later testimony as to same fact
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     What matters may be proved in connection with proved statement relevant under section 32 or 33
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     Refreshing memory
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     Testimony to facts stated in document mentioned in section159
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     Right of adverse party as to writing used to refresh memory
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     Production of documents
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     Giving, as evidence, of document called for and produced on notice
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     Using, as evidence, of document production of which was refused on notice
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     Judge’s power to put questions or order production
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     Power of jury or assessors to put questions
  • CHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

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     No new trial for improper admission or rejection of evidence