Section 5: Evidence may be given of facts in issue and relevant facts

Civil Law

Where the accused suffers a serious injury, the prosecution has to explain the satisfaction of the court as to the circumstances under which the occurrence originated. It is to be seen that the injuries are serious and severe not merely superficial and must be shown to have been caused at the time of the occurrence in question – Jagdish v. State of Rajasthan 1979 SC 1010

Evidence of police officers laying a trap is to be given the same treatment as evidence of accomplices. Where such evidence is found to be entirely trustworthy, there is no need to seek any corroboration – State of Gujarat v. Balerdhali Madhabhai Zala 1995 Cri LJ 2588

Evidence of the eye-witness cannot be rejected merely on the ground that Investigating Officer had not put the date on which the statement of such witness was taken – Prithvi (Minor) v. Mam Raj AIR 2004 SC 2792

Eye-witness stated that he could see the assailants because there was light on the spot coming from a bulb fitted in an electric pole near the chakki. The Investigating Officer did not include any electric pole in his site plan would not be a ground for rejection of the evidence of injured witness – Prithvi (Minor) v. Mam Raj AIR 2004 SC 2792

“May presume”

Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

“Shall presume”

Whenever it is directed by this Act that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved

“Conclusive proof”

When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it

Section 5: Evidence may be given of facts in issue and relevant facts

Evidence may be given in any suit or proceedings 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.

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