Section 5 of Evidence Act "Evidence may be given of facts in issue and relevant facts"
Evidence may be given in any suit or proceeding 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.
ExplanationThis 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 Procedure10
Illustrations
A is tried for the murder of B by beating him with a club
with the intention of causing his death.
At As trial the following facts are in issue:-
As beating B with the club;
A's causing B's death by such beating;
As intention to cause Bs death.
(b) A suitor does not bring with him, and have in readiness
for production at the first hearing of the case, a bond on
which he relies. This section does not enable him to produce
the bond or prove its contents at a subsequent stage of he
proceedings, otherwise than in accordance with the
conditions prescribed by the Code of Civil Producer
What is Interpretation clause Section 3 of Indian Evidence Act 1872
What is May presume Section 4 of Indian Evidence Act 1872
What is Relevancy of facts forming part of same transaction Section 6 of Indian Evidence Act 1872
Motive, preparation and previous or subsequent conduct Section 8 of Indian Evidence Act 1872
What is Facts necessary to explain or introduce relevant facts Section 9 of Indian Evidence Act 1872