Section 38
Person Competent To Be A Witness
All persons ? including the accomplice may be competent to be a witness unless the court considers that they are prevented
from understanding the questions put to them, or form giving rational answers to those questions, by tender years, extreme old age, physical or mental diseases or
any other cause of the same kind.
from understanding the questions put to them, or form giving rational answers to those questions, by tender years, extreme old age, physical or mental diseases or
any other cause of the same kind.
Evidence Act, 2031
Chapter - 3
Section 8: Facts To Be Taken As EvidenceSection 9: Facts Expressed By The PartySection 10: Immediately Expressed FactSection 11: Facts Expressed By A Person When In The Normal Condition Who Is Now DeadSection 12: Special Facts Expressed By The Persons In Special Situation, Condition, Or PositionSection 13: Facts Mentioned In The Public DocumentSection 14: Facts Mentioned In The Books Of Account, Private Entries (bahi) Books Orother Records (shresta) In A Regular BasisSection 15: Facts Written In The Book Or ArticleSection 16: Special Types Of Data, Index EtcSection 17: Facts Stated By The Witness In Other CasesSection 18: Document Prepared In The Course Of Inquiry Or ExaminationSection 19: Note (nissa) Or CertificateSection 20: ReportSection 21: Other Documents With Evidential ValueSection 22: Material (dashi) EvidenceSection 23: Personal OpinionSection 24: Facts Not Be Taken As Evidence
Chapter - 4
Section 25: Burden Of Proof Of Proving An OffenceSection 26: Burden Of Proof Of Proving The ClaimSection 27: Burden Of Proof On The DefendantSection 28: Burden Of Proof As To Particular FactSection 29: Burden Of Proof To Refute The Presumption Of The CourtSection 30: Burden Of Proving Fact Specially Within KnowledgeSection 31: Burden Of Proving One Fact To Prove The Another FactSection 32: Burden Of Proving That A Person Is AliveSection 33: Burden Of Proof As To Ownership Or Possession Of The Property
Chapter - 5
Chapter - 7
Chapter - 8
Section 38: Person Competent To Be A WitnessSection 39: Dumb WitnessSection 40: Parents EtcSection 41: Communication During Marriage Shall Not Be Compelled To DiscloseSection 42: A Judge Shall Not Be Compelled To Disclose Any Act Done In That CapacitySection 43: Not To Disclose The Fact Mentioned In The Unpublished Government Documentlaying In The Government OfficeSection 44: Public Official Shall Not Be Compelled To Disclose Any Information Received Inthat CapacitySection 44A: Police Personnel Shall Not Be Compelled To Disclose The Source Of Informationof The Occurrence Of A CrimeSection 45: A Law Practitioner Not To Disclose Any Information Given By His/her ClientSection 46: A Person Shall Not Be Compelled To Disclose Any Communication Betweenhim/herself And His/her Professional Legal AdvisorSection 47: Witness Shall Have To AnswerSection 48: Production And Examination Of WitnessSection 49: Procedure Relating To The Examination Of The WitnessSection 50: Examination-in-chief And Cross-examinationSection 51: Court To Forbid To Ask Unreasonable Question With The WitnessSection 52: Examination-in-chief And Cross Examination Of The ExpertSection 53: Court May Ask Necessary Question With The Witness