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Report No. 185

26. Substitution of sections 39 and 40 .-

For sections 39 and 40 of the principal Act, the following sections shall be substituted, namely:-

"How Much Of A Statement Is To Be Proved

"39. What evidence should be given when statement forms part of a conversation,electronic records,document,book or series of letters or papers.- (1) When any statement of which evidence is give.-

(a) forms part of a longer statement or of a conversation or part of an isolated document or part of an electronic record, or

(b) is contained in a document which forms part of a book or is contained in part of an electronic record or of a connected series of letters or papers, then, subject to the provisions of subsection (2), the party giving evidence of the statement shall give in evidence so much, and no more of the statement, conversation, document, electronic record, book or series of letters or papers as is necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

(2) Where such party has failed to give in evidence any part of the statement, conversation, document, electronic record, book or series of letters or papers which is necessary as aforesaid, the other party may give that part in evidence."

"Judgments of Courts of Justice When Relevant

40. Previous Judgments relevant to bar a second suit or trial.-

The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or issue or holding a trial or determining a question, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or issue, or to hold such trial or determine such question, as the case may be."



Review of the Indian Evidence Act, 1872 Back




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