Section 10: Things said or done by conspirator in reference to common design

Civil Law

Section 10: Things said or done by conspirator in reference to common design

Illustrations

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the [Government of India].

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for the like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.

Section 11: When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant –

  • If they are inconsistent with any fact in issue or relevant fact.
  • 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.

Illustrations

  • The question is, whether A committed a crime at Calcutta on a certain day.

The fact that, on that day, A was at Lahore is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

  • The question is, whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D is relevant.

Section 12: In suits for damages, facts tending to enable court to determine amount are relevant

In suits in which damages are claimed, any fact which enable the court to determine the amount of damages which ought to be awarded, is relevant

Section 17: Admission defined

An admission is a statement, [oral or documentary or contained in electronic form], 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.

 

 

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