important sections Flashcards
(79 cards)
section 3
interpretation clause
“fact”
section 3
fact means and includes:
(1) anything, state of things, or relation of things capable of being perceived by the senses;
(2) any mental condition of which any person is conscious
“evidence”
section 3
evidence means and includes
(1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry;
(2) all documents including electronic records produced for the inspection of the court
such documents are called documentary evidence
“proved”
a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists
section 4
“may presume”, “shall presume”, “conclusive proof”
section 5
evidence may be given of facts in issue and relevant facts
section 6
relevancy of facts forming part of the same transaction
section 7
facts which are the occasion, cause or effect of facts in issue
section 8
motive, preparation and previous or subsequent conduct
section 9
facts necessary to explain or introduce relevant facts
section 10
things said or done by conspirator in reference to common design
section 11
when facts not otherwise relevant become relevant
section 14
facts showing existence of state of mind, or of body, or bodily feeling
section 15
facts bearing on question whether act was accidental or intentional
section 17
admission defined
section 21
proof of admissions against persons making them, and by or on their behalf
section 22A
when oral admission as to contents of electronic records are relevant
section 24
confession caused by inducement, threat, or promise, when irrelevant in criminal proceeding
section 25
confession to police officer not to be proved
section 26
confession by accused while in custody of police not to be proved against him
section 27
how much of information received from accused may be proved
section 28
confession made after removal of impression caused by inducement, threat or promise, relevant
section 31
admissions not conclusive proof, but may estop
section 32
DBAP
RWDS
cases in which statement of relevant fact by person who is dead or cannot be found etc., is relevant
- when it relates to the cause of death
- or is made in the course of business
- or against the interest of maker
- or gives opinion as to public right or custom, or matters of general interests
- or relates to the existence of relationship
- or is made in Will or deed relating to family affairs
- or in document relating to transaction mentioned in Section 13, clause (a)
- or is made by several persons and expresses feelings relevant to matter in question