Section 5 of Indian Evidence Act, 1872

Section 5 in The Indian Evidence Act, 1872

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 Procedure1..—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 Procedure1." Illustrations

(a) 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.

(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 the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.

India's Important Case Laws and Landmark Judgments on Evidence Act i.e. Section 5 Indian Evidence Act, 1872:

• Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India 
• Additional District Magistrate vs S. S. Shukla Etc. Etc on 28 April, 1976 Supreme Court of India 
• Rabindra Kumar Dey vs State Of Orissa on 31 August, 1976 Supreme Court of India 
• State Of Andhra Pradesh vs V. Vasudeva Rao on 13 November, 2003 Supreme Court of India 
• New India Assurance Company Ltd vs Nusli Neville Wadia And Another on 13 December, 2007 Supreme Court of India  
• R. Janakiraman vs State Represented By Inspector on 4 January, 2006 Supreme Court of India 
• R. Janakiraman vs State Of Tamil Nadu, Through Cbi on 4 January, 2006 Supreme Court of India 
• Additional District Magistrate vs Shivakant Shukla on 28 April, 1976 Supreme Court of India 
• Balkishan A. Devidayal Etc vs State Of Maharashtra Etc on 31 July, 1980 Supreme Court of India 
• The State Of Bombay vs Kathi Kalu Oghad And Others on 4 August, 1961 Supreme Court of India 
• Identification Of Prisoners Act,1920 Law Commission Report 
• State vs Harbans Lal on 27 September, 1968 Delhi High Court 
• K.M. Ramakrishne Godwa vs Senior Assistant Commissioner on 21 October, 1990 Karnataka High Court 
• Shankerappa vs Sushilabai on 28 July, 1983 Karnataka High Court 
• State Of Uttar Pradesh vs Christopher Tobit And Ors. on 8 February, 1955 Allahabad High Court 
• Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India  
• Zakiya And Ors. And Maga Ram vs State Of Rajasthan on 3 April, 2008 Rajasthan High Court  
• G.L. Biswas And Ors. vs The State on 8 August, 1950 Patna High Court  
• Ashwinkumar S/O Kanakraj Gandhi vs Laxmidas Bhagwandas Mehta on 12 July, 2007 Bombay High Court  
• Dasappa And Anr. vs Jogiah And Ors. on 13 March, 1964 Karnataka High Court