EXTRACTS FROM THE INDIAN EVIDENCE ACT, 1872  

(1 OF 1872)

Interpretation clause.

3. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:—

"Evidence" means and includes—

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry;

such statements are called oral evidence;

(2) all documents produced for the inspection of the Court; such documents are called documentary evidence.

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Entries in books of account when relevant.

34. 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 inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.

Illustration

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

Relevancy of entry in public record made in performance of duty.

An entry in any public or other official book, register or record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record is kept, is itself a relevant fact.

CHAPTER IV.—OF ORAL EVIDENCE 59.

Proof of facts by oral evidence.

59. All facts, except the contents of documents, may be proved by oral evidence.

Production of documents which another person, having possession, could refuse to produce.

131. No one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such last-mentioned person consents to their production.

EXTRACTS FROM THE BANKER'S BOOK EVIDENCE-ACT, 1891

(18 OF 1891)

Definitions. 2. In this Act, unless there is something repugnant in the subject or context,-

(3) "bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank:

Order of court to be construed to be order made by specified officer

8. In the application of sections 5, 6 and 7 to any investigation or inquiry referred to ia sub-clause (iii) of clause (4) of section 2, the order of a court or a Judge referred to in the said sections shall be construed as referring to an order made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in this behalf by the appropriate Government

Explanation.—In this section, "appropriate Government" means the Government by which the police officer or any other person conducting the investigation or inquiry is employed.

EXTRACT FROM THE RESERVE BANK OF INDIA ACT, 1934

(2 OF 1934)

58. {1)Power of the Central Board to make regulations

(2) In particular and without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:—

LOK SABHA

A

BILL

to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to ðàðåã-based methods of communication and storage of information, to facilitate electronic filling of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and formatters connected therewith or incidental thereto.

(Shri Pramod Mahajan, Minister of Information Technology)