CHAPTER
XXIII
OF
ATTEMPTS TO COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.—Whoever attempts to commit an offence punishable by this Code with [imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with [imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.
Illustrations
(a) makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(b) makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.
CLASSIFICATION OF
OFFENCE
Punishment—Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence, or fine, or both—According as the offence is cognizable or non-cognizable—According as the offence attempted by the offender is bailable or not—Triable by the court by which the offence attempted is triable—Non-compoundable.
COMMENTS
This section is in applicable to offences created by any special law.
PART
III
The
Indian Evidence Act, 1872
THE
INDIAN EVIDENCE ACT, 1872
CONTENTS
Introduction
Preamble
PART
I
RELEVANCY
OF FACTS
CHAPTER
1
PRELIMINARY
1. hort title
xtent
ommencement of Act
2. Repealed]
3. Interpretation clause
“Court”
“Fact”
“Relevant”
“Facts in issue”
“Document”
“Evidence”
“Proved”
“Disproved”
“Not proved”
“India”
“Certifying Authority”
“Digital signature”
“Digital Signature Certificate”
“Electronic form”
“Electronic records”
“Information”
“Secure electronic record”
“Secure digital signature”
“Subscriber”
4. “May presume”
“Shall presume”
“Conclusive proof”
CHAPTER
II
OF
THE RELEVANCY OF FACTS
5. Evidence may be given of facts in issue and relevant facts
6. Relevancy of facts forming part of same transaction
Sections
7. Facts which are the occasion, cause or effect of facts in issue
8. Motive, preparation and previous or subsequent conduct
9. Facts necessary to explain or introduce relevant facts
10. Things said or done by conspirator in reference to common design
11. When facts not otherwise relevant become relevant
12. In suits for damages, facts tending to enable Court to determine
amount are relevant
13. Facts relevant when right or custom is in question
14. Facts showing existence of state of mind, or of body or bodily feeling
15. Facts bearing on question whether act was accidental or intentional
16. Existence of course of business when relevant
Admissions
17. Admission defined
18. Admission by party to proceeding or his agent
by suitor in representative character
(1) by party interested in subject-matter
(2) by person from whom interested derived
19. Admissions by persons whose position must be proved as against party to suit
20. Admissions by persons expressly referred to by party to suit
21. Proof of admissions against persons making them, and by or on their behalf
22. When oral admissions as to contents of documents are relevant
22A. When oral admissions as to contents of electronic records are relevant
23. Admission in civil cases when relevant
24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
25. Confession to police officer not to be proved
26. Confession by accused while in custody of police not to be proved against him
27. How much of information received from accused may be proved
28. Confession made after removal of impression caused by inducement,
threat or promise relevant
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
31. Admissions not conclusive proof, but may estop
Statements by persons who cannot be called as witness
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
(1) when it relates to cause of death
(2) or is made in course of business
(3) or against interest of maker
Sections
(4) or gives opinion as to public right or custom, or matters of general interests
(5) or relates to existence of relationship
(6) or is made in will or deed relating to family affairs
(7) or is document relating to transaction mentioned in section 13, clause (a)
(8) or is made by several persons and expresses feelings relevant to matter
in question
33. Relevancy of certain evidence for providing, in subsequent preceding, the truth of facts therein stated
Statements made under special circumstances
34. Entries in books of account including those maintained in an
electronic from when relevant
35. Relevancy of entry in public record or an electronic record made in
performance of duty
36. Relevancy of statements in maps, charts and plans
37. Relevancy of statement as to fact to public nature, contained in certain Acts or notification
38. Relevancy of statements as to any law contained in law-books
How much of a statement is to be proved
39. What evidence to be given when statement forms part of a conversation,document, electronic record, book or series of letters or papers
Judgments of Courts of justice, when relevant
40. Previous judgments relevant to bar a second suit or trial
41. Relevancy of certain judgments in probate, etc., jurisdiction
42. Relevancy and effect of judgments, orders or decrees, other than
those mentioned in section 41
43. Judgments, etc., other than those mentioned in sections, 40, 41 and 42,
when relevant
44. Fraud or collusion in obtaining judgment, or incompetency of Court,
may be proved
Opinions of third persons when relevant
45. Opinions of experts
46. Facts bearing upon opinions of experts
47. Opinion as to handwriting, when relevant
47A. Opinion as to digital signature when relevant
48. Opinion as to existence of right or custom, when relevant
49. Opinion as to usages, tenets, etc., when relevant
50. Opinion or relationship, when relevant
51. Grounds of opinion, when relevant
Character when relevant
52. In civil cases character to prove conduct imputed, irrelevant
53. in criminal cases, previous good character relevant
Sections
54. Previous bad character not relevant, except in reply
55. Character as affecting damages
PART II
ON PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved
57. Facts of which Court must take judicial notice
58. Facts admitted need not be proved
CHAPTER IV
OF ORAL EVIDENCE
59. Proof of facts by oral evidence
60. Oral evidence must be direct
CHAPTER V
OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents
62. Primary evidence
63. Secondary evidence
64. Proof of documents by primary evidence
65. Cases in which secondary evidence relating to documents may be given
65A. Special provisions as to evidence relating to electronic record
65B. Admissibility of electronic records
66. Rules as to notice to produce
67. Proof of signature and handwriting of person alleged to have signed or written document produced
67A. Proof as to digital signature
68. Proof of execution of document required by law to be attested
69. Proof where no attesting witness found
70. Admission of execution by party to attested document
71. Proof when attesting witness denies the execution
72. Proof of document not required by law to be attested
73. Comparison of signature, writing or seal with others admitted or proved
73A. Proof as to verification of digital signature
Public Documents
74. Public documents
75. Private documents
76. Certified copies of public documents
77. Proof of documents by production of certified copies
78. Proof of other official documents
Sections
Presumptions as to documents
79. Presumption as to genuineness of certified copies
80. Presumption as to documents produced as record of evidence
81. Presumption as to Gazettes, newspapers, private Acts of Parliament
and other documents
81A. Presumption as to Gazettes in electronic forms
82. Presumption as to document admissible in England without proof
of seal or signature
83. Presumption as to maps or plans made by authority of Government
84. Presumption as to collections of laws and reports of decisions
85. Presumption as to power-of-attorney
85A. Presumption as to electronic agreements
85B. Presumption as to electronic records and digital signature
85C. Presumption as to digital signature certificate
86. Presumption as to certified copies of foreign judicial records
87. Presumption as to books, maps and charts
88. Presumption as to telegraphic messages
88A. Presumption as to electronic messages
89. Presumption as to due execution, etc., of documents not produced
90. Presumption as to document thirty years old
90A. Presumption as to electronic records five years old
CHAPTER VI
OF THE EXCLUSION OF ORAL OR DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of
property reduced to form of document
92. Exclusion of evidence of oral agreement
93. Exclusion of evidence to explain or amend ambiguous document
94 Exclusion of evidence against application of document to existing facts
95. Evidence as to document unmeaning in reference to existing facts
96. Evidence as to application of language which can apply to one only
of several persons
97. Evidence as to application of language to one of two sets of facts,
to neither of which the whole correctly applies
98. Evidence as to meaning of illegible characters etc.
99. Who may give evidence of agreement varying terms of document
100 Saving of provisions of Indian Succession Act relating to wills
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
OF THE BURDEN OF PROOF
101. Burden of proof
102. On whom burden of proof lies
Sections
103. Burden of proof as to particular fact
104. Burden of proving fact to be proved to make evidence admissible
105. Burden of proving that case of accused comes within exceptions
106. Burden of proving fact especially within knowledge
107. Burden of proving death of person known to have been alive within thirty years
108. Burden of proving that person is alive who has not been heard of for seven years
109. Burden of proof as to relationship in the cases of partners, landlord and tenant,
principal and agent
110. Burden of proof as to ownership
111. Proof of good faith in transaction where one party is in relation of active confidence
112. Birth during marriage, conclusive proof of legitimacy
113. Proof of cession of territory
113A. Presumption as to abetment of suicide by a married woman
113B. Presumption as to dowry death
114. Court may presume existence of certain facts
114A. Presumption as to absence of consent in certain prosecutions for rape
CHAPTER VIII
ESTOPPEL
115. Estoppel
116. Estoppel of tenant; and of licensee of person in possession
117. Estoppel of acceptor of bill of exchange, bailee or licensee
CHAPTER IX
OF WITNESSES
118. Who may testify
119. Dumb witnesses
120. Parties to civil suit, and their wives or husbands. Husband or wife of persons under criminal trial
121. Judges and Magistrates
122. Communications during marriage
123. Evidence as to affairs of State
124. Official communications
125. Information as to commission of offences
126. Professional communications
127. Section 126 to apply to interpreters, etc.
128. Privilege not waived by volunteering evidence
129. Confidential communications with legal advisers
130. Production of title-deeds of witness not a party
131. Production of documents or electronic records which another person, having possession could refuse to produce
132. Witness not excused from answering on ground that answer will criminate
133. Accomplice
134. Number of witnesses
CHAPTER X
OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnesses
136. Judge to decide as to admissibility of evidence
137. Examination-in-chief
Cross-examination
Re-examination
138. Order of examinations
Direction of re-examination
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
144. Evidence as to matters in writing
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 relevantfact, admissible
157. Former statements of witness may be proved to corroborate later
same fact
158. What matters may be proved in connection with proved statement
testimony as to relevant under section 32 or 33
159. Refreshing memory
When witness may use copy of document to refresh 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
Translation 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
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence
SCHEDULE [Repealed]