IEA- Section 5-Evidence may be
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Meaning of Word “ Relevant” – The thing which have logical probatives these will be considered to be relevant.
Sec. 5 -55 are related with relevancy based on logic. Relevancy provides that if a fact is relevant, it may become admissible
and Sec. 56 and onwords are related with admissibility.
How to know, Whether any fact is relevant or not?
Check whether given facts are covered under Section 5 to 55 or not
Admissibility – Method by which relevant fact is proved is called as ‘ admissibility’ based on strict rule of law. Admissibility provides procedure or mode of proving relevant fact.
Whether all facts which are admissible are also relevant?- No
Whether all facts which are relevant are also admissible? – No
Section – 5 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.
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.
Illustrations
- A is tried for the murder of B by beating him with a club with the intention of causing his death. At A’s trial the following facts are in issue: ––
A’s beating B with the club;
A’s causing B’s death by such beating;
A’s intention to cause B’s death.
- 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 the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.
- IEA– Section 5-Evidence may be