Section 38 of Indian Evidence Act - Evidence may be given of facts in issue and relevant facts

Section 38 Indian Evidence Act Description

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) 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;

As causing Bs death by such beating;

As intention to cause Bs death.�

Click here to read more from the Indian Evidence Act - 1872.