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When they must not be asked When they may be asked What is Evidence as to matters in writing Section 142, 143 and 144 of Indian Evidence Act 1872

When they must not be asked, When they may be asked and Evidence as to matters in writing are defined under section 142, 143 and 144 of Indian Evidence Act 1872. Provisions under these sections are:

Section 142 of Evidence Act "When they must not be asked"

Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.


 

Section 143 of Evidence Act "When they may be asked"

Leading questions may be asked in cross- examination.

 

Section 144 of Evidence Act "Evidence as to matters in writing"
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.

 

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