Write note on Evidence as to Matters in Writing

Question: Evidence as to matters in writing.

Find the answer to the mains question only on Legal Bites. [Evidence as to matters in writing.]

Answer

Section 144 of the Indian Evidence Act lays down provisions regarding 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.

Illustrations: 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.

The purpose of the section is that where a witness is under examination he may be asked whether a contract, grant or disposition of property about which he is giving evidence, was not in writing and if he says that it was, the opposite party may object to such evidence being given until the original document is produced or until the party producing the witness is entitled to give secondary evidence of it. A similar objection can be raised where a witness is about to give oral evidence of the contents of a document.

An explanation appended to the section says that a witness may give oral evidence of statements made by other persons about the contents of a document if such statements are themselves relevant facts.

Where, for example, the question is whether A assaulted B, evidence is offered through the mouth of a witness that he heard A saying to another that B had written him a letter accusing him of theft and that he will take his revenge.

This statement about the letter may be proved through the letter itself is not produced because the statement is relevant under section 8 as showing motive for the assault.

The Allahabad High Court in the case of Daya Shanker v. Bachi, A.I.R. 1982 All. 376 noted that judicial decisions have established that once a document has been exhibited in the court without any objection from the opposite party the mode of proof or production cannot be challenged for the first time at the appeal stage.

The case involved a document that carried an endorsement that the parties had agreed to dispense with the form proof of the document. Accordingly, the court considered the mere production of the document to be sufficient evidence of its execution and content.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X