You are viewing the translated version of पक्षले व्यक्त गरेको कुरा.
Section 9
What the party expressed
(1) Anything expressed by a party to the case can be taken as evidence against him.
(2) Notwithstanding anything contained in sub-section (1):
(a) In a criminal case, the statement made by an accused outside the court in connection with the charge brought against him may be taken as evidence if the court determines as follows:
(1) At the time of expressing the said matter, the accused was conscious and able to understand what he said and did.
(2) He has not expressed that matter by forcing him or by torturing him or anyone else or by threatening to torture him or by putting him in a position to express that thing against his will.
(3) There was no threat or assurance made by any public officer in relation to the action on the charge which he reasonably believed was likely to be untrue and that the officer had the authority and power to carry out the threat or assurance. had done.
(b) Even if the party himself has expressed the matters mentioned in clauses (a) to (d) of section 12 and any other matter to be taken as evidence in accordance with any other section of this chapter, if he wishes, such matter may be taken as evidence on his side.
(c) Any acceptance by a party to waive his claim in whole or in part or to give any person any money or render any service shall not be taken as evidence against him for the purpose of settlement.
(3) For the purpose of this clause, the following expressed by the following person shall be deemed to be expressed by the party himself:
(a) Any thing expressed by the heir of the party or the person representing him in the case in accordance with the prevailing Nepalese law in the capacity of heir or such representative,
(b) Any thing expressed by a person who has the right to do something on behalf of the party while such right remains in relation to the subject matter of his right,
(c) ownership or economic interest in any subject matter before a party acquires any right in that subject matter;Anything expressed by a person in respect of which he has an ownership or financial interest, or
(d) In the event that the subject matter of the case is jointly owned by the party and any other person or has economic interest, something expressed by that person in that regard.