69. Heading. Detail. 


69. Heading. Detail.

19. Relevancy of fact forming part of same transaction.. Fact 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.

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

Illustrations

(a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that lie showed a or mentioned the fact that he had it, to third person, are relevant.

‑ (b) The question it, whether a murdered B.

Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is whether A poisoned B.

The state of B's health before the symptoms ascribed to poison, and habits of B; known to A, which afforded an, opportunity for the administration of poison, are relevant facts.

. 

21. Motive, preparation and previous or subsequent conduct. (1) Any fact is relevant which shows or constitutes a notice or preparation for any fact in issue or relevant fact.

(2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation.‑‑The word "conduct" in this clause 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 article of this Order.

Explanation 2.‑‑When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations

(a) A is tried for the murder of B.

The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are, relevant.

(b) A sues B upon a bond for the payment or money. B denies the making of the bond.

The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.

(c) A is tried for the murder of B by poison the fact that, before the death of B, A procured poison similar so that which was administered to B, is relevant.

(d) The question is whether a certain document is the will of A.

The facts that, not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve, are relevant.

(e) A is accused of a crime.

The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case on appearance favourable to himself, or that he destroyed or concealed evidence

or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is whether A robbed B.

The facts that, after B was robbed, C said in A's presence:

"the Police are coming to look for the man who robbed B", and that immediately afterwards A ran away, are relevant.

(g) The question is whether A owes B rupees 10,000.

The facts that A asked C to lend him money, and that D said to C in A's presence and hearing "I advise you not to trust, for who owes B 10,000 rupees", and that A went away without making any answer, are relevant facts.

(h) The question is whether A committed a crime. .

The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant. ,,

 (i) A is accused of a crime.                                                      

The facts that, after the commission of the alleged crime, lie absconded, or was in possession of property or the proceeds or property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is whether A was ravished.

The facts that, shortly after the alleged rape, she made complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant

The fact that, without making a complaint, she said, that she lead been. ravished is not relevant as conduct under this Article though it may be relevant as a dying declaration under Article 46 paragraph (1), or as corroborative evidence under Article 153.

(k) The question is, whether a was robbed.

The fact that, soon after the alleged robbery, be made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant.

The fact that he said he had been robbed without making any complaint is not relevant, as conduct under this Article, though if may be relevant as a dying declaration under Article 46 paragraph (10, or an corroborative evidence under Article 153.

22. Facts necessary to, explain or introduce relevant facts. ­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 anything or person whose identity is relevant or fix the time of 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 in so far as they are necessary for that purpose.

Illustrations

(a) The question is, whether a given document is the will of A.

The state of A's property and of his family at the date of the alleged will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A, B affirms that the matter alleged to be libellous is true.

The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.

The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispose may be relevant if it affected the relations between A and B.

(c) A is accused of a crime.

The fact that, soon after commission of the crime. A absconded from has house, is relevant under Article 21, as conduct subsequent to and affected by facts is issue.

The fact that at the time when be left home he had sudden and urgent business at the place to which he went, is relevant, an rending to explain the fact that he left home suddenly.

The details of the business on which he left are hot relevant, except is so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B fox inducing L to break a contract of service made by him with A. C, on leaving A's service, says to A "I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.

(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife B, says as he delivers it: "A says you are to hide this". B's statement is relevant at explanatory of a fact which is part of the transaction.

(1) A is tried for a riot and is proved to have marched at the head of a mob. The cries of a mob are relevant as explanatory of the nature of the transaction.

. 

23. Things said or done by conspirator in reference to common design. 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 such persons in reference to their common intention, after the time when such 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 for the purpose of proving that existence of the conspiring as for the purpose of showing, that any such person was a party to it.

Illustrations

Reasonable ground exist for believing that A has joined in A conspiring to wage war against Pakistan.

The fact that B procured arms in Europe for the purpose of the conspiracy, C collected money in Peshawar for a like object, D persuaded persons to join the conspiracy in Karachi, E published writings advocating the object in view at Multan, and F transmitted from Lahore to G at Kabul the money which C had collected at Peshawar and contents of a letter written by H giving an account of the conspiring are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him and although they may have been taken place before he joined the conspiracy or after he left it.

.

24. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant‑‑

(1)  if they are inconsistent with fact in issue or relevant fact;

(2)  if by themselves or in connection with other facts they make the existence or nonexistence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a) The question is, whether A committed a crime at Peshawar on a certain day.

The fact that, on that day, A was at Lahore, is relevant.

The fact that near the time when the crime was committed, a was at A distance from the place where it was committed, which would render it highly improbable though not impossible, that he committed it, is relevant.

(b) The question is, whether a committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one‑else and that it was not committed be either B, C or D, is relevant.

 

25. In suits for damages facts intending to enable Court to determine amount are relevant. 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.. 

26. Facts relevant when right or custom is in question. Where the question is as to the existence of any right or custom, the following facts are relevant:‑‑

(a)            any transaction by which the right or custom in question was

created, claimed, modified, recognised, asserted or denied, or which was in consistent with its existence;

(b)  particular instance in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.

illustration

The question is whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a

subsequent grant of the fishery by A's father, irreconcilable with mortgage particulars instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.

 .

27. Facts showing existence of state of mind, or of body, or bodily feeling. acts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill will or goodwill 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 f. a person accused of an offence, the previous commission by this accused of an offence is relevant within the meaning of this Article, the previous conviction of such person shall also be a relevant fact.

Illustrations

.         (a) A is accused of receiving stolen goods knowing them so be stolen. It

is proved that he was in possession of a particular stolen article.

The fact that, at the same time, he was in possession of many other stolen articles is relevant, is tending to show that he knows each and all of the articles of which be was in possession to be stolen.

(b) As is accused of fraudulently delivering in another person a counter . felt coin which, at the time when he delivered it, he known to be counterfeit.

The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.

The fact that A had been previously convicted of delivering to another person so genuine a counterfeit coin knowing it to be counterfeit is relevant.

(c) A sues B for damage done by a dong of B's which B knew to be ferocious.

The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.

(d) The question is whether A, the acceptor of a bill or exchange, knew that the name of the payee was fictitious.

The fact that A had accepted other bills drowning the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant as showing that A knew that the payee was a fictitious person.

            (e) A is accused of defaming B by publishing as imputation intended to

harm the reputation of B.

The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question.

The fact that there was no previous quarrels between A and B, and that A repealed the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

(f) A is sued by B for fraudulently representing to B that C was solvent whereby B, being induced to truth C, who was insolvent, suffered loss.

The fact that the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by person delaying with him, s relevant, is showing that A made the representation in good faith.

(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor.

A's defence is that B's contract was with C.

The fact that a .paid C for the work in question is relevant, as proving that A did, in good faith, make to C the management of the work to question, so that C was in a position to contract with B on C's own accounts, and not a agent for A.

(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed to good faith that the real owner could not be found.

The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found.

The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim Lo it, is relevant, as showing that the fact that A knew of the notice did to disprove A's good faith-

(i) A is charged with shooting at B with intent to kill him, in order to show A's intent the fact of A's having previously shot at B may be proved.

(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved; as showing the intention of the letters.

(k) The question is, whether A has been guilty of cruelty towards B, his wife. .

Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts.

(l) The question is whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts.

(m) The question is, what was the state of A's health _at the time an assurance on his life was effected.

Statement made by A as to the state of his health as or near the time in question are relevant facts.

(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.

The fact that B's attention was drawn on other occasions the defect of the particular carriage is relevant.

The fact that B was habitually negligent about the carriage which he let to hire is irrelevant.

(o) A is tried for the murder of B by intentionally shooting him dead.

The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.

(p) A is tried for a crime.

The fact that he said something indicating an intention to commit that particular crime is relevant.

The fact that he said something indicating a general deposition to commit crimes of that class is relevant.

28. Faces bearing on question whether act was accidental or intentional. When there is a question 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 occurrence, in each of which the person doing the act was concerned, is relevant.

(a) A is accused of burning down his house in order to obtain money for which it is insured.

The facts that A lived a several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from different insurance offences, are relevant, as tending to show that the fires were not accident.

(b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasions be received less than he really did receive.

The question is whether this false entry was accidental or intentional.

The facts that other entries made by a in the same book are false, and that the false entry a in such case in favour of A, are relevant.

(c) As is accused of fraudulently delivering to B's counterfeit rupee.

The facts that soon before or soon after the delivery to B. A delivered counterfeit rupees to f:, d and E are relevant as showing that. the delivery to B was not accidental.

29. Existence of course of business when relevant. 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.

illustrations

(a) The questions is, whether a particular letter was despatched.

The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.

(b) The question is, whether a particular letter reached A.

The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.

. 

ADMISSIONS

30. Admission defined. An admission is a statement, or documentary, which suggests any inference as to an`‑ fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

31. Admission by party to proceedings or his agent, etc. (1) Statement made by a party to the proceeding, or by an gent to any such party, who the Court regards, under the circumstances of the case. as expressly or impliedly authorized by him to make them, are admissions.

(2) ;statement made by parties to suits suing or sued in a representative character, *are not admissions, unless they were made while the party making them held that character.

(3) Statements made by‑‑

(a) persons who have any proprietary or pecuxtiary interest in the subject‑matter of the proceeding, and who made the statement in their character of persons so interested, or

(b) persons from whom the parties to the suit have derived their interest in the subject‑matter of the suit, are admissions if they are made during the continuance of the interest of the persons making the statements.

32. Admission by persons whose position must be proved as against party to suit.. 

 Illustrations

A undertakes to collect rents for B.

B sues A for not collecting rent due from C to B . .. . A denies that rent was due from C to B.

A statement by C that he owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

33. Admission by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referred for information in reference to matter in dispute are admissions.

Illustration

The question is, whether a hourse sold by A to B is sound.

A says to B: "Go and ask C. C knows all about it" C's statement is an admission.

34. Proof of admissions against persons making them, and by or on their behalf. A admissions are relevant and may be proved as against the person who makes them, or his representative in interest, but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:‑‑

(1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if he person making it were dead, it would be relevant as between third persons under Article 46.

(2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of  mind or body, relevant or in issue, made at or about the time when such state of mind of body existed, and is accompanied by conduct rendering its falsehood improbable.

(3)        An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

Illustrations

(a) The question between A and B is, whether a certain deed is or is not forged, A affirms that it genuine, B that it is forged.

A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

(b) A, the captain of ship, is tried for casting her away.

Evidence is given to show that the ship was taken out of her proper course.

A produces a book kept by him in the ordinary course of his business showing observation alleged to have been taken by him from day to day. an(l indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties. if he were dead, under Article 46 paragraph (2).

(c) A is accused of a crime committed by him at Peshawar.

He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-marks of that day.

The statement in the date of the letter is admissible, because, if A were dead, ii would be admissible under Article 46 paragraph (2).

(d) A is accused of receiving stolen goods knowing them to be stolen.

He offers to prove that he refused to sell them below their value.

A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.

(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit..

He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine.

A may prove these facts for the reasons stated in the last preceding illustration.

35. When oral admissions as to contents of documents are relevant. Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuiness of a document produced is in question.

36. Admissions in civil cases when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that. evidence of it is not to be given. or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given

Explanation.--Nothing in this Article shall be taken to exempt any advocate from giving evidence of any matte of which he may be compelled to give evidence under Article 9.

37. Confessions caused 'by inducement, threat or promise, when irrelevant in criminal proceeding.. A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature to reference to the proceedings against him.

38. Confession to police officer not to be proved. No confession made to a police-officer shall be proved as against a person accused of any offense.

39. confession by accused while in custody of police not to be proved against him. Subject to Article 40 no confession made by any person whilst he is in the custody of a police-office unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.

Explanation.--In this Article, "magistrate" does not include the head of a village discharging Magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure. 1898 (Act V of 1898).

40. How much of information received from accused may be proved. When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession o not, as relates distinctly to the fact thereby discovered, may be proved.

69. Heading. Detail.

41 Confession made after removal of impression caused by inducement; threat or promise, relevant. If such a confession as is referred to in Article 37 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.

42. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need to have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him:

Provided that the provisions of this Article shall not apply to the trial of cases under the laws relating to the enforcement of Hudood.

43. Consideration of proved confession affecting person making it and others jointly under trial for same offence. When more persons than one are being tried jointly for the same offence, and a confession made by one of such person is proved.‑‑

(a)  such confession shall be proof against the person; making it; and

(b)  the Court may take into consideration such confession as

      circumstantial evidence against such other person.

Explanation.‑‑"Offence", as used in this Article, includes the abetment of, or attempt to commit, the offence.

Illustrations

(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered C". The Court may consider the effect of this confession as against B.

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said: "A and I murdered C".

        This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.   

44. Accused persons to be liable to cross‑examination.  
All accused persons, including an accomplice, shall be liable to cross­ examination.

45. Admission not conclusive proof but may estop 

Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

    STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS

° WITNESSES

46. Cases in which statement of relevant fact by persons who is dead or cannot be found, etc,  

is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be sound, or who has become incapable of giving evidence, r whose attendance not be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:‑‑

(1)        When it relates to cause of death.‑‑When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

(2) Or is made in course of business.‑‑When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter c: other document usually dated, written or signed by him.

(3) Or against interest of maker.‑‑When the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose or would have exposed him to a criminal prosecution or to suit for damages.

(4) or gives opinion as to public right or customs, or matters of general interest.‑‑When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence, of which if it existed, he would have been likely to be ware, and when such statement was made before any controversy as to such right, custom or matter has arisen.

(5) or relates to existence of relationship.‑‑ When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised.

(6) Or is made in will or deed relating to family affairs.‑‑ When the. statement relates to the existence of any relationship by blood, marriage or adoption between person deceased, and is made in any will or deed relating to the affairs. of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.

(7)  Or in document relating to transaction mentioned in Article 26, paragraph (a).‑‑When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in Article 26, paragraph (1).

(8)  Or is made ~ by several person and expresses feelings relevant to matter in question.‑‑When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

Illustrations

(a) the question is, whether A was murdered, by B; or A dies of injuries received in a transaction in the course of which she was ravished. The question is, whether she was ravished by B; or

The question is, whether A was killed by B under such circumstances that a suit would lie against B by A's widow.

Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration are relevant facts.

(b) The question is as to the date of A's birth.

An entry in the diary of a deceased surgeon regularly kept in the course of business,, stating that, on a given day, he attended A's mother and delivered her of a son, is a relevant fact.

(c) The question is, whether A was in Peshawar on a given day.

A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in Peshawar, for the purpose of conferring with him upon specified business, is a relevant fact.

(d) The question is, whether a ship sailed from Karachi harbour on a given day.

A letter written by a deceased member of a merchant's firm by which the was chartered to their correspondents in London, to whom the cargo was consigned stating that the ship sailed on a gives day from Karachi harbour is a relevant fact.

(e) The question is, whether rent was paid to A for certain land.

A letter from A's deceased agent to A saying that he had received the rent on A's account and held it at A's order, is a relevant fact.

(f) The question is, whether A and B were legally married.

The Statement of a deceased clergyman that he married them under such circumstances, that the celebration would be a crime, is relevant.

(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that ~~day is relevant.

(h) The question is what was the cause of the meach of a ship.

A protest made by the Captain, whose attendance cannot be procured is

I a relevant fact.

(i) The question is, whether a given road is a public way.

A statement by A, a deceased headman of the village, that the road was public, is a relevant fact.

(j) The question is, what was the price of grain on a certain day in a particular marker. A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact.

(k) The question is, whether A, who is dead, was the father of B.

A statement by A that B was his son is relevant fact.

(1) The question is what was the date of the birth of A.

A letter from A's deceased father to a friend, announcing the birth of A on a given day is a relevant fact.

(m) The question is, whether and when, A and B were married.

An entry in a memorandum book by C, the deceased father of B, of his daughter's marriage with a on a given date, is a relevant fact.

(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarly of the caricature and its libellous character. The remarks of a crowed of spectators on these points may be proved.

47. Relevancy of certain evidence for proving, in subsequent proceeding the truth of facts therein stated..  

Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable.

Provided that‑‑

The proceeding was between the same parties or representatives‑in‑interest;

the adverse party in the first proceeding had the right opportunity to cross‑examine;

the questions in issue were substantially the same in the first as in the second proceeding.

Explanation.‑‑A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this Article

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

CHAPTER III

OF THE RELEVANCY OF FACTS
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES 

48.Entries in books of account when relevant. Entries in books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to enquire, but such statement shall not alone be sufficient evidence to charge any person with liability.

Illustration

A sues B for Rs. 1,000, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant. but are not sufficient, without other evidence, to prove the debt.