IEA Section 144: Evidence as to matters in writing
Indian Evidence Act, 1872 · Chapter 10: The Examination Of Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
Explanation.--A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.
Illustration
The question is, whether A assaulted B.
C deposes that he heard A say to D-- "B wrote a letter accusing me of theft, and I will be revenged on him". This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 135. Order of production and examination of witnesses
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they may be asked
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 153. Exclusion of evidence to contradict answers to questions testing veracity
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Question tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159. Refreshing memory
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of jury or assessors to put questions