Volume III

EVIDENCE ORDINANCE

Arrangement of Sections

PART I

Relevancy of Facts

CHAPTER I

Preliminary

1. Short title.

2. Extent.

3. Interpretation.

4. May presume.

CHAPTER II

Of the Relevancy of Facts

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 or preparation.

9. Facts necessary to explain or introduce relevant facts.

10. Things said or done by conspirator in reference to common intention.

11. When facts not otherwise relevant are 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 or bodily feeling.

15. Facts bearing on question whether act was accidental or intentional.

16. Existence of course of business when relevant.

17. Admissions defined.

18. Admission by party to proceeding or his agent.

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 the person who makes them or his representative in interest.

22. When oral admissions as to contents of documents are relevant.

23. Admissions in civil cases when relevant.

24. Confession caused by inducement, threat, or promise irrelevant.

25. Confession made to a police officer not to be proved against an accused person.

26. Confession made by any person while in custody of a police officer not to be proved against him.

27. How much of information received from accused may be proved.

27A. Meaning of terms “forest officer” and “excise officer”.

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.

30. Confession made by one of several persons tried jointly for the same offence.

31. Admission not conclusive proof but may stop.

Statements by Persons Who Cannot be Called as Witness

32. Cases in which statement of relevant fact by person who is dead or cannot be found is relevant.

33. Evidence in a former judicial proceeding when relevant.

Statements Made under Special Circumstances

34. Entries in books of account when relevant.

35. Entry in public record made in performance of duty enjoined by law, whom relevant.

35A. Statements contained in records compiled on information supplied by third parties having personal knowledge of the matters contained in such statement, when relevant.

36. Maps, charts and plans, when relevant.

37. Statement as to fact of public nature contained in any Act or notification when relevant.

38. Statements in law books when relevant.

38A. Statement as to age in a certificate of a Medical Practitioner when relevant.

How Much of a Statement is to be Proved

39. What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers.

Judgments of Courts of Justice When Relevant

40. Previous judgments relevant to bar a second suit or trial.

41. Relevancy of judgments in probate jurisdiction.

41A. Relevancy of judgments recording convictions in civil proceedings.

41B. Relevancy of judgments recording findings of adultery in civil proceedings.

41C. Relevancy of judgments recording findings of paternity in civil proceedings.

42. When judgments other than those mentioned in sections 41, 41A, 41B and 41C are relevant.

43. When judgments other than those mentioned in sections 40, 41, 41A, 41B, 41C and 42 are relevant.

44. Fraud, collusion, or incompetence of court may be proved.

Opinions Third Persons When Relevant

45. Opinions of experts.

46. Facts bearing upon opinions of experts.

47. Opinion as to handwriting.

48. Opinion as to existence of right or custom, when relevant.

49. Opinion as to usages, tenets&c., when relevant.

50. Opinion on relationship, when relevant.

51. Grounds of opinion, when relevant.

Character When Relevant

52. In civil cases character to prove conduct imputed, irrelevant.

53. In criminal cases previous good character relevant.

54. Previous bad character irrelevant, except when evidence of good character is given.

55. Character as affecting damages.

PART II

On Proof

CHAPTER III

Facts Which Need not be Proved

56. No proof required of fact judicially noticed.

57. Facts of which Court must take judicial notice.

58. Facts admitted need not be proved.

CHAPTER IV

Of Oral Evidence

59. Facts may be proved by oral evidence.

60. Oral evidence must be direct.

CHAPTER V

Of Documentary Evidence

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.

66. Rules as to notice to produce.

67. Proof of signature and handwriting of person alleged to have signed or written document produced.

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 handwritings.

Public Documents

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.

Presumption as to Documents

79. Presumption as to genuineness of certified copies.

80. Presumption on production of record of evidence.

81. Presumption as to Gazettes.

82. Repealed.

83. Presumption as to maps or plan made or signed by Surveyor-General.

84. Presumption as to collections of laws and reports of decisions.

85. Presumption as to powers of attorney.

86. Presumption as to certified copies of foreign judicial records.

87. Presumption as to books and maps.

88. Presumptions as to telegraphic messages.

89. Presumption as to due execution of documents not produced.

90. Presumption as to documents thirty years old.

CHAPTER VI

Bankers’ Books

90A. Interpretation.

90B. Power to extend provisions of chapter.

90C. Mode of proof of entries in bankers’ books.

90D. Inspection of books by order of court or Judge.

90E. Case in which officer of bank not compellable to produce books.

90F. Costs.

CHAPTER VII

Of the Exclusion of Oral by Documentary Evidence

91. Evidence of terms of contracts, grants or other disposition 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 unmeaningful 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.

99. Who may give evidence of agreement varying terms of document.

CHAPTER VIII

English Law of Evidence When in Force

100. What questions to be determined according to English Law of Evidence.

PART III

Production and Effect of Evidence

CHAPTER IX

Of the Burden of Proof

101. Burden of proof.

102. On whom burden of proof lies.

103. Burden of proof as to particular fact.

104. Burden of proving fact necessary 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 of any person.

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 one year.

109. Burden of proof as to partnership, tenancy, and agency.

110. Burden of proof as to ownership.

111. Proof of good faith in transactions where one party is in position of active confidence.

112. Birth during marriage conclusive proof of legitimacy.

113. Presumption that a boy under twelve years cannot rape.

114. Court may presume existence of certain facts.

CHAPTER X

Estoppel

115. Estoppel.

116. Estoppel of tenant.

117. Estoppel of bailee.

CHAPTER XI

Of Witnesses

118. Who may testify.

119. Dumb witnesses.

120. Competent witnesses.

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 clerks, and servants of advocates, proctors, and notaries.

128. Privilege not waived by volunteering evidence.

129. Confidential communications with legal advisers.

130. Production of witness’ title deeds.

131. Who may not be compelled to produce documents.

132. Witness not excused from answering on ground that answer will criminate.

133. Accomplice.

134. Number of witnesses.

CHAPTER XII

Of the Examination of Witnesses

135. Order of production and examination of witnesses.

136. Judge to decide as to admissibility of evidence.

137. Examination-in-chief.

138. Order of examination.

139. Cross-examination of person called to produce a document.

140. Witnesses to character.

141. Leading questions.

142. When leading questions must not be asked.

143. When leading questions may be asked in cross-examination.

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 witness shall be 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 statement of witness may be proved to corroborate later testimony as to same facts.

158. What matters may be proved in connection with proved statement relevant under section 32 or 33.

159. By writing made by another.

160. Testimony to facts stated in document mentioned in section.

161. Right of adverse party as to writing used to refresh memory.

162. Production of documents.

163. Giving as evidence, of document called for and produced on notice.

163A. Video recorded interview with a child may be given in evidence.

164. Using as evidence of document production of which was refused on notice.

165. Judge’ power to put questions or order production.

166. Power of Jury or assessors to put questions.

CHAPTER XIII

Of Improper Admission and Rejection of Evidence

167. No New trial for improper admission or rejection of evidence.

14 of 1895,

15 of 1904,

16 of 1925,

25 of 1927,

18 of 1928,

1 of 1946,

3 of 1961,

10 of 1988,

14 of 1995,

33 of 1998,

32 of 1999,

29 of 2005,

6 of 2021.

AN ORDINANCE to consolidate defines and amend the law of Evidence.

[Date of Commencement: 1st January, 1896]