Bharat New Criminal Laws Edition August 2023

Bharat New Criminal Laws Edition August 2023

Bharat New Criminal Laws Edition August 2023

PART I

CHAPTER I PRELIMINARY

1. Short title, application and commencement
2. Definitions

PART II

CHAPTER II

RELEVANCY OF FACTS

3. Evidence may be given of facts in issue and relevant facts

Closely connected facts

4. Relevancy of facts forming part of same transaction
5. Facts which are the occasion, cause or effect of facts in issue or relevant facts
6. Motive, preparation and previous or subsequent conduct
7. Facts necessary to explain or introduce fact in issue or relevant facts
8. Things said, done by conspirator in reference to common design
9. When facts not otherwise relevant become relevant
10. Facts tending to enable Court to determine amount are relevant in suits for damages
11. Facts relevant when right or custom is in question
12. Facts showing existence of state of mind, or of body of bodily feeling
13. Facts bearing on question whether act was accidental or intentional
14. Existence of course of business when relevant

Admissions

15. Admission defined
16. Admission by party to proceeding or his agent
17. Admissions by persons whose position must be proved as against party to suit
18. Admissions by persons expressly referred to by party to suit
19. Proof of admissions against persons making them, and by or on their behalf
20. When oral admissions as to contents of documents are relevant
21. Admissions in civil cases when relevant
22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
23. Confession to police officer

24. Consideration of proved confession affecting person making it and others jointly under trial for same offence
25. Admissions not conclusive proof, but may estop

Statements by persons who cannot be called as witnesses

26. Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant
27. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Statements made under special circumstances

28. Entries in books of account when relevant
29. Relevancy of entry in public record or an electronic record made in performance of duty
30. Relevancy of statements in maps, charts and plans
31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
32. Relevancy of statements as to any law contained in law books including electronic or digital form
33. 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 when relevant

34. Previous judgments relevant to bar a second suit or trial
35. Relevancy of certain judgments in probate, etc., jurisdiction
36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Opinions of third persons when relevant

39. Opinions of experts
40. Facts bearing upon opinions of experts
41. Opinion as to hand-writing and digital signature, when relevant
42. Opinion as to existence of general custom or right, when relevant
43. Opinion as to usages, tenets, etc., when relevant
44. Opinion on relationship, when relevant
45. Grounds of opinion, when relevant

Character when relevant

46. In civil cases character to prove conduct imputed, irrelevant
47. In criminal cases previous good character relevant
48. Evidence of character or previous sexual experience not relevant in certain cases
49. Previous bad character not relevant, except in reply
50. Character as affecting damages

PART III ON PROOF

CHAPTER III FACTS WHICH NEED NOT BE PROVED

51. Fact judicially noticeable need not be proved
52. Facts of which Court shall take judicial notice
53. Facts admitted need not be proved

CHAPTER IV OF ORAL EVIDENCE

54. Proof of facts by oral evidence
55. Oral evidence to be direct

CHAPTER V OF DOCUMENTARY EVIDENCE

56. Proof of contents of documents
57. Primary evidence
58. Secondary evidence
59. Proof of documents by primary evidence
60. Cases in which secondary evidence relating to documents may be given
61. Admissibility of electronic or digital record
62. Special provisions as to evidence relating to electronic record
63. Admissibility of electronic records
64. Rules as to notice to produce
65. Proof of signature and handwriting of person alleged to have signed or written document produced
66. Proof as to electronic signature
67. Proof of execution of document required by law to be attested
68. Proof where no attesting witness found
69. Admission of execution by party to attested document
70. Proof when attesting witness denies the execution
71. Proof of document not required by law to be attested
72. Comparison of signature, writing or seal with others admitted or proved
73. Proof as to verification of digital signature

Public documents

74. Public and private documents
75. Certified copies of public documents
76. Proof of documents by production of certified copies
77. Proof of other official documents

Presumptions as to documents

78. Presumption as to genuineness of certified copies
79. Presumption as to documents produced as record of evidence, etc.
80. Presumption as to Gazettes, newspapers, and other documents
81. Presumption as to Gazettes in electronic or digital record
82. Presumption as to maps or plans made by authority of Government
83. Presumption as to collections of laws and reports of decisions
84. Presumption as to powers-of-attorney
85. Presumption as to electronic agreements
86. Presumption as to electronic records and electronic signatures
87. Presumption as to Electronic Signature Certificates
88. Presumption as to certified copies of foreign judicial records
89. Presumption as to books, maps and charts
90. Presumption as to electronic messages
91. Presumption as to due execution, etc., of documents not produced