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The Bharatiya Sakshya Adhiniyam, 2023 compared with Indian Evidence Act, 1872

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171 mappings The Bharatiya Sakshya Adhiniyam, 2023 Indian Evidence Act, 1872

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Section 1

Short title, application and commencement

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Section 2

Definitions

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Section 3

Evidence may be given of facts in issue and relevant facts

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Section 4

Relevancy of facts forming part of same transaction

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Section 5

Facts which are occasion, cause or effect of facts in issue or relevant facts

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Section 6

Motive, Preparation and previous or subsequent conduct

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Section 7

Facts necessary to explain or introduce fact in issue or relevant facts

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Section 8

Things said or done by conspirator in reference to common design

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Section 9

When facts not otherwise relevant become relevant

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Section 10

Facts tending to enable Court to determine amount are relevant in suits for damages

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Section 11

Facts relevant when right or custom is in question

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Section 12

Facts showing existence of state of mind, or of body or bodily feeling

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Section 13

Facts bearing on question whether act was accidental or intentional

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Section 14

Existence of course of business when relevant

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Section 15

Admission defined

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Section 16

Admission by party to proceeding or his agent

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Section 17

Admissions by persons whose position must be proved as against party to suit

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Section 18

Admissions by persons expressly referred to by party to suit

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Section 19

Proof of admissions against persons making them, and by or on their behalf

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Section 20

When oral admissions as to contents of documents are relevant

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Section 21

Admissions in civil cases when relevant

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Section 22

Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

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Section 23

Confession to police officer

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Section 24

Consideration of proved confession affecting person making it and others jointly under trial for same offence

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Section 25

Admissions not conclusive proof, but may estop

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Section 26

Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

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Section 27

Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

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Section 28

Entries in books of account when relevant

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Section 29

Relevancy of entry in public record or an electronic record made in performance of duty

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Section 30

Relevancy of statements in maps, charts and plans

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Section 31

Relevancy of statement as to fact of public nature contained in certain Acts or notifications

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Section 32

Relevancy of statements as to any law contained in law books including electronic or digital form

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Section 33

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

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Section 34

Previous judgments relevant to bar a second suit or trial

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Section 35

Relevancy of certain judgments in probate, etc., jurisdiction

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Section 36

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

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Section 37

Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

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Section 38

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

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Section 39

Opinions of experts

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Section 40

Facts bearing upon opinions of experts

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Section 41

Opinion as to handwriting and signature, when relevant

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Section 42

Opinion as to existence of general custom or right, when relevant

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Section 43

Opinion as to usages, tenets, etc., when relevant

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Section 44

Opinion on relationship, when relevant

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Section 45

Grounds of opinion, when relevant

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Section 46

In civil cases character to prove conduct imputed, irrelevant

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Section 47

In criminal cases previous good character relevant

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Section 48

Evidence of character or previous sexual experience not relevant in certain cases

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Section 49

Previous bad character not relevant, except in reply

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Section 50

Character as Affecting damages

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Section 51

Fact judicially noticeable need not be proved

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Section 52

Facts of which Court shall take judicial notice

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Section 53

Facts admitted need not be proved

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Section 54

Proof of facts by oral evidence

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Section 55

Oral evidence to be direct

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Section 56

Proof of contents of documents

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Section 57

Primary Evidence

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Section 58

Secondary Evidence

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Section 59

Proof of documents by primary evidence

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Section 60

Cases in which secondary evidence relating to documents may be given

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Section 61

Electronic or digital record

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Section 62

Special provisions as to evidence relating to electronic record

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Section 63

Admissibility of electronic records

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Section 64

Rules as to notice to produce

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Section 65

Proof of signature and handwriting of person alleged to have signed or written document produced

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Section 66

Proof as to Electronic signature

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Section 67

Proof of execution of document required by law to be attested

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Section 68

Proof where no attesting witness found

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Section 69

Admission of execution by party to attested document

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Section 70

Proof when Attesting witness denies execution

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Section 71

Proof of document not required by law to be attested

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Section 72

Comparison of signature, writing or seal with others admitted or proved

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Section 73

Proof as to verification of digital signature

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Section 74

Public and private documents

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Section 75

Certified copies of public documents

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Section 76

Proof of documents by production of certified copies

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Section 77

Proof of other official documents

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Section 78

Presumption as to genuineness of certified copies

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Section 79

Presumption as to documents produced as record of evidence, etc

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Section 80

Presumption as to Gazettes, newspapers, and other documents

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Section 81

Presumption as to Gazettes in electronic or digital record

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Section 82

Presumption as to maps or plans made by authority of Government

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Section 83

Presumption as to collections of laws and reports of decisions

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Section 84

Presumption as to powersof-attorney

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Section 85

Presumption as to electronic agreements

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Section 86

Presumption as to electronic records and electronic signatures

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Section 87

Presumption as to Electronic Signature Certificates

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Section 88

Presumption as to certified copies of foreign judicial records

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Section 89

Presumption as to books, maps and charts

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Section 90

Presumption as to electronic messages

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Section 91

Presumption as to due execution, etc., of documents not produced

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Section 92

Presumption as to documents thirty years old

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Section 93

Presumption as to electronic records five years old

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Section 94

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

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Section 95

Exclusion of evidence of oral agreement

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Section 96

Exclusion of evidence to explain or amend ambiguous document

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Section 97

Exclusion of Evidence against application of document to existing facts

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Section 98

Evidence as to document unmeaning in reference to existing facts

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Section 99

Evidence as to application of language which can apply to one only of several persons

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Section 100

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

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Section 101

Evidence as to meaning of illegible characters, etc

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Section 102

Who may give evidence of agreement varying terms of document

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Section 103

Saving of provisions of Indian Succession Act relating to wills

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Section 104

Burden of proof

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Section 105

On whom burden of proof lies

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Section 106

Burden of proof as to particular fact

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Section 107

Burden of proving fact to be proved to make evidence admissible

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Section 108

Burden of proving that case of accused comes within exceptions

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Section 109

Burden of proving fact especially within knowledge

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Section 110

Burden of proving death of person known to have been alive within thirty years

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Section 111

Burden of proving that person is alive who has not been heard of for seven years

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Section 112

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

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Section 113

Burden of proof as to ownership

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Section 114

Proof of good faith in transactions where one party is in relation of active confidence

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Section 115

Presumption as to certain offences

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Section 116

Birth during marriage, conclusive proof of legitimacy

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Section 117

Presumption as to abetment of suicide by a married woman

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Section 118

Presumption as to dowry death

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Section 119

Court may Presume existence of certain facts

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Section 120

Presumption as to absence of consent in certain prosecution for rape

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Section 121

Estoppel

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Section 122

Estoppel of tenant and of licensee of person in possession

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Section 123

Estoppel of acceptor of bill of exchange, bailee or licensee

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Section 124

Who may testify

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Section 125

Witness unable to communicate verbally

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Section 126

Competency of husband and wife as witnesses in certain cases

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Section 127

Judges and Magistrates

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Section 128

Communications During marriage

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Section 129

Evidence as to affairs of State

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Section 130

Official communications

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Section 131

Information as to commission of offences

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Section 132

Professional communications

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Section 133

Privilege not waived by volunteering evidence

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Section 134

Confidential communication with legal advisers

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Section 135

Production of title-deeds of witness not a party

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Section 136

Production of documents or electronic records which another person, having possession, could refuse to produce

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Section 137

Witness not excused from answering on ground that answer will criminate

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Section 138

Accomplice

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Section 139

Number of witnesses

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Section 140

Order of production and examination of witnesses

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Section 141

Judge to decide as to admissibility of evidence

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Section 142

Examination of witnesses

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Section 143

Order of examinations

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Section 144

Cross-examination of person called to produce a document

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Section 145

Witnesses to character

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Section 146

Leading questions

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Section 147

Evidence as to matters in writing

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Section 148

Cross-examination as to previous statements in writing

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Section 149

Questions lawful in cross-examination

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Section 150

When witness to be compelled to answer

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Section 151

Court to decide when question shall be asked and when witness compelled to answer

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Section 152

Question not to be asked without reasonable grounds

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Section 153

Procedure of Court in case of question being asked without reasonable grounds

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Section 154

Indecent and scandalous questions

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Section 155

Questions intended to insult or annoy

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Section 156

Exclusion of evidence to contradict answers to questions testing veracity

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Section 157

Question by party to his own witness

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Section 158

Impeaching credit of witness

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Section 159

Questions tending to corroborate evidence of relevant fact, admissible

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Section 160

Former statements of witness may be proved to corroborate later testimony as to same fact

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Section 161

What matters may be proved in connection with proved statement relevant under section 26 or 27

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Section 162

Refreshing memory

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Section 163

Testimony to facts stated in document mentioned in section 162

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Section 164

Right of adverse party as to writing used to refresh memory

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Section 165

Production of documents

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Section 166

Giving, as evidence, of document called for and produced on notice

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Section 167

Using, as evidence, of document production of which was refused on notice

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Section 168

Judge's power to put questions or order production

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Section 169

No new trial for improper admission or rejection of evidence

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Section 170

Repeal and savings

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Section Schedule

Certificate

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