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Indian Evidence Act, 1872
Section
Section Title
Preamble
PART I RELEVANCY OF FACTS
CHAPTER I Preliminary
1
Short title, extent and commencement
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2
[Repealed]
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3
Interpretation clause
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4
Interpretation clause (contd.)
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CHAPTER II Of the relevancy of facts
5
Evidence may be given of facts in issue and relevant facts
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6
Relevancy of facts forming part of same transaction
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7
Facts which are the occasion, cause or effect of facts in issue
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8
Motive, preparation and previous or subsequent conduct
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9
Facts necessary to explain or introduce relevant facts
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10
Things said or done by conspirator in reference to common design
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11
When facts not otherwise relevant become relevant
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12
In suits for damages facts tending to enable Court to determine amount are relevant
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13
Facts relevant when right or custom is in question
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14
Facts showing existence of state of mind, or of body or bodily feeling
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15
Facts bearing on question whether act was accidental or international
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16
Existence of course of business when relevant
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Admissions
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17
Admission defined
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18
Admission by party to proceeding or his agent by suit or in representative character by party interested in subject-matter by person from whom interest derived
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19
Admission by persons whose position must be proved as against party to suit
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20
Admissions by person expressly referred to by party to suit
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21
Proof of admissions against persons making them and by or on their behalf
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22
When oral admissions as to contents of documents are relevant
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23
Admissions in civil cases, when relevant
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24
Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
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25
Confession to police officer not to be proved
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26
Confession by accused while in custody of police not to be proved against him
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27
How much of information received from accused may be proved
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28
Confession made after removal of impression caused by inducement, threat or promise relevant
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29
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
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30
Consideration of proved confession affecting person making it and others jointly under trail for same offence
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31
Admissions not conclusive proof, but may be stopped
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Statements by persons who cannot be called as witnesses
32
Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant
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33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
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Statements made under special circumstances
34
Entries in books of account when relevant
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35
Relevancy of entry in public record, made in performance of duty
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36
Relevancy of statements in maps, charts and plans
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37
Relevancy of statement as to fact of public nature, contained in certain Acts or notifications
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38
Relevancy of statements as to any law contained in law books
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39
What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers
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Judgments of courts of justice, when relevant
40
Previous judgments relevant to bar a second suit or trail
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41
Relevancy of certain judgments in probate, etc. jurisdiction
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42
Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41
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43
Judgments, etc. other than those mentioned in Sections 40 to 42, when relevant
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44
Fraud or collusion in obtaining judgment, or incompetence of Court, may be proved
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Opinion of third persons, when relevant
45
Opinions of experts
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46
Facts bearing upon opinions of experts
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47
Opinion as to handwriting, when relevant
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48
Opinion as to existence of right or custom, when relevant
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49
Opinion as to usage
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50
Opinion on relationship, when relevant
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51
Grounds of opinion, when relevant
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Character when relevant
52
In civil cases, character to prove conduct imputed irrelevant
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53
In criminal cases, previous good character relevant
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54
Previous bad character not relevant, except in reply
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55
Character as affecting damages
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PART II ON PROOF
CHAPTER III Facts which need not be proved
56
Facts judicially noticeable need not be proved
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57
Facts of which Court must take judicial notice
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58
Facts admitted need not be proved
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CHAPTER IV Of oral evidence
59
Proof of facts by oral evidence
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60
Oral evidence must be direct
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CHAPTER V Of documentary evidence
61
Proof of contents of documents
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62
Primary evidence
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63
Secondary evidence
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64
Proof of documents by primary evidence
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65
Cases in which secondary evidence relating to documents may be given
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66
Rules as to notice to produce
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67
Proof of signature and handwriting of person alleged to have signed or written document produced
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68
Proof of execution of document required by law to be attested
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69
Proof where not attesting witness found
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70
Admission of execution by party to attested document
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71
Proof when attesting witness denies the execution
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72
Proof of document not required by law to be attested
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73
Comparison of signature, writing or seal with others admitted or proved
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Public Documents
74
Public documents
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75
Private documents
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76
Certified copies of public documents
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77
Proof of documents by production of certified copies
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78
Proof of other official documents
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79
Presumption as to genuineness of certified copies
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80
Presumption as to documents produced as record of evidence
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81
Presumption as to Gazetteers newspapers, private Act of Parliament and other documents
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82
Presumption as to document admissible in England without proof of seal or signature
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83
Presumption as to maps or plans made by authority of Government
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84
Presumption as to collections of laws and reports of decisions
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85
Presumption as to powers of attorney
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86
Presumption as to certified copies of foreign judicial records
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87
Presumption as to books, maps and charts
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88
Presumption as to telegraphic messages
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89
Presumption as to due execution, etc., of document not produced
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90
Presumption as to documents thirty years old
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90A
Presumption Document custody in court
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CHAPTER VI Of the exclusion of oral by documentary evidence
91
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
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92
Exclusion of evidence of oral agreement
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93
Exclusion of evidence to explain or amend ambiguous document
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94
Execution of evidence against application document to existing facts
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95
Evidence as to document unmeaning in reference to existing facts
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96
Evidence as to application of language which can apply to one only of several persons
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97
Evidence as to application language to one of two set of facts, to neither of which the whole correctly applies
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98
Evidence as to meaning of illegible characters, etc.
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99
Who may give evidence of agreement varying terms of document
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100
Saving of provisions of Indian Succession Act relating to wills
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PART III PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII Of the burden of proof
101
Burden of proof
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102
On whom burden of proof lies
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103
Burden of proof as to particular fact
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104
Burden of proving fact to be proved to make evidence admissible
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105
Burden of proving that case of accused comes within exceptions
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106
Burden of proving fact especially within knowledge
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107
Burden of proving death of person know to have been alive within thirty years
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108
Burden of proving that person is alive who has not been heard of for seven years
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109
Burden of proof as to relationship in the cases of partners, landlords and tenant, principal and agent
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110
Burden of proof as to ownership
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111
Proof of good faith in transaction where one party
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111A
Presumption as to certain offences
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112
Birth during marriage, conclusive proof of legitimacy
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113
Proof of cession of territory
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113A
Presumption as to abetment of suicide by a married woman
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113B
Presumption as to dowry death
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114
Court may presume existence of certain facts
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114A
Presumption as to absence of consent in certain prosecutions for rape
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CHAPTER VIII Estoppel
115
Estoppel
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116
Estoppel of tenant and of licensee of person in communications
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117
Estoppel of acceptor of bill of exchange, bailee or licensee
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CHAPTER IX Of witnesses
118
Who may testify
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119
Dumb witness
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120
Parties to civil suit and their wives or husband-Husband or wife of person under criminal trial
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121
Judges and Magistrates
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122
Communications during marriage
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123
Evidence as to affairs of State
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124
Official communications
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125
Information as to commission of offences
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126
Professional communications
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127
Section 126 to apply to interpreters, etc.
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128
Privilege not waived by volunteering evidence
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129
Confidential communications with legal advisers
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130
Production of title-deeds of witness not party
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131
Production of documents which another person, having possession, could refuse to produce
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132
Witness not excused from answering on ground that answer will criminate
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133
Accomplice
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134
Number of witnesses
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CHAPTER X Of the examination of witnesses
135
Order of production and examination of witnesses
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136
Judge to decide as to admissibility of evidence
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137
Examination-in-chief
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138
Order of examinations
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139
Cross-examination of person called to produce a document
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140
Witnesses to character
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141
Leading questions
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142
When they may not be asked
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143
When they may be asked
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144
Evidence as to matters in writing
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145
Cross-examination as to previous statements in writing
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146
Questions lawful in cross-examination
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147
When witness to be compelled to answer
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148
Court to decide when question shall be asked and when witness compelled to answer
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149
Question not to be asked without reasonable grounds
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150
Procedure of Court in case of question being asked without reasonable grounds
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151
Indecent and scandalous questions
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152
Questions intended to insult or annoy
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153
Exclusion of evidence to contradict answer to questions testing veracity
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154
Question by party to his own witness
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155
Impeaching credit of witness
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156
Questions tending to corroborate evidence of relevant fact, admissible
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157
Former statements of witness may be proved to corroborate later testimony as to same fact
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158
What matters may be proved in connection with proved statement relevant under section 32 or 33
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159
Refreshing memory -When witness may use copy of document to refresh memory
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160
Testimony to facts stated in document mentioned in Section 159
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161
Right of adverse party as to writing used to refresh memory
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162
Production of documents -Translation of documents
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163
Giving, as evidence of document called for and produced on notice
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164
Using, as evidence, of document, production of which was refused on notice
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165
Judge
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166
Power of jury or assessors to put questions
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CHAPTER XI Of improper admission and rejection of evidence
167
No new trail for improper admission or rejection of evidence
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The Schedule. [Repealed].
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