Evidence Act

Section Application of Act Section This Act shall apply to all judicial proceedings in or before the Supreme Court, the Court of Appeal, the High Court and all courts established under the Magistrates Courts Act, but not to affidavits presented to any court or officer nor to proceedings before an arbitrator.

Section Interpretation Section In this Act, the following words and expressions are used in the following senses, unless a contrary intention appears from the context— “ court ” includes all judges, magistrates, jurors and assessors and all persons, except arbitrators, legally authorised to take evidence ; “ currency point ” has the value assigned to it in the Schedule to this Act; “ document ” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter; “ documentary evidence ” means all documents produced for the inspection of the court ; “ evidence ” denotes the means by which any alleged matter of fact , the truth of which is submitted to investigation, is proved or disproved and includes statements by accused persons, admissions, judicial notice, presumptions of law, and ocular observation by the court in its judicial capacity; “ fact ” means and includes— (a) any thing, state of things, or relation of things, capable of being perceived by the senses; and (b) any mental condition of which any person is conscious; “ fact i...

Section Presumptions Section Whenever it is provided by this Act that the court may presume a fact , it may either regard that fact as proved, unless it is disproved, or may call for proof of it. Whenever it is directed by this Act that the court shall presume a fact , it shall regard that fact as proved, unless it is disproved. When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact , regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

Section When facts not otherwise relevant become relevant Section Facts not otherwise relevant are relevant— if they are inconsistent with any fact in issue or relevant fact ; if by themselves or in connection with other facts, they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Section In suit for damages, facts tending to enable court to determine amount are relevant Section In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.

Section Facts relevant when right or custom is in question Section Where the question is as to the existence of any right or custom, the following facts are relevant— any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.

Section Facts showing existence of state of mind or of body or bodily feeling Section Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill will or good will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of that person shall also be a relevant fact .

Section Facts bearing on question of whether act was accidental or intentional Section When there is a question of whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

Section Existence of course of business, when relevant Section When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact .

Section Evidence may be given of facts in issue and relevant facts Section Subject to any other law, 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 hereafter declared to be relevant, and of no others.

Section Relevancy of facts forming part of same transaction Section Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

Section Facts which are the occasion, cause or effect of facts in issue, etc. Section Facts which are the occasion, the cause or the effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Section Facts showing motive or preparation; conduct influencing or influenced by a fact in issue or relevant fact Section Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact . The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to that suit or proceeding, or in reference to any fact in issue in the suit or proceeding or relevant to it, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if that conduct influences or is influenced by any fact in issue or relevant fact , and whether it was previous or subsequent to the fact in issue or relevant fact . Explanation 1.—The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.—When the conduct of any person is relevant, any statement made to him or her or in his or her presence and hearing, which affects that conduct, is relevant.

Section Facts necessary to explain or introduce relevant facts Section Facts necessary to explain or introduce a fact in issue or relevant fact , or which support or rebut an inference suggested by a fact in issue or relevant fact , or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.

Section Things said or done by conspirator in reference to common design Section Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of those persons in reference to their common intention, after the time when that intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well as for the purpose of proving the existence of the conspiracy and for the purpose of showing that any such person was a party to the conspiracy.