The Evidence Act, 1872 (সাক্ষ্য আইন)

Overview

The law that governs the admissibility of evidence in the courts of law.

Full Law (Sections & Articles)

Part I: Relevancy of Facts

Section 3

Interpretation-clause

In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context: 'Court' includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. 'Fact' means and includes (1) anything, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious.

Section 5

Evidence may be given of facts in issue and relevant facts

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Section 11

When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant— (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Section 17

Admission defined

An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

Section 24

Confession caused by inducement, threat or promise

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.

Part II: On Proof

Section 59

Proof of facts by oral evidence

All facts, except the contents of documents, may be proved by oral evidence.

Section 60

Oral evidence must be direct

Oral evidence must, in all cases whatever, be direct; that is to say— if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it.

Part III: Production and Effect of Evidence

Section 101

Burden of proof

Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

Q&A Short Questions & Answers

Q: What is Hearsay Evidence?

Answer: Hearsay evidence is evidence of a fact not perceived by the witness with his own senses but proved by him to have been stated by another person.

Q: Who is an Accomplice?

Answer: An accomplice is a person who has participated in the commission of a crime with others.