Indian Evidence Act 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.

Explanation - This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.1

Illustrations

(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.

At A`s trial the following facts are in issue -

A`s beating B with the club;

A`s causing B`s death by such beating;

A`s intention to cause B`s death.

(b) A suitor does not bring with him and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to product the bond or prove its contents at a subsequent stage of the proceedings otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.

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1. See now the Code of Civil Procedure, 1908 (5 of 1908).