588 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- § Proof is allowed of a fact which shows the conduct of a party to any suit which has reference to such suit or which has reference to any fact in issue or to any relevant fact. Similarly proof is allowed of a fact which shows the conduct of an accused if such conduct influences and is influenced by any fact in issue or by any relevant fact.
1. Conduct of persons generally.
Illus. — (d) The making of a will. Not long before the making of the will, the deceased made inquiries and drafts relevant.
Conduct of the Accused:
Illus. — (e) suborning witnesses.
Illus. — (h) absconding.
Illus. —(h) concealing things.
Explanation —
Conduct does not include statement unless the statement accompanies the conduct and explains the conduct.
If conduct is relevant then
a statement which affects the conduct is relevant if it was made to the person or in his presence and hearing.
Illus.—
(g) Question is whether A owed B Rs. 10, 000. The A asked C to lend his money and D said in A’s presence and hearing “I advise you not to trust A, for he owes Rs. 10,000” and A went away without making any answer is relevant.
Case Law.
Imp. 34 om. & R. 1087.
Imp. 7 All. 385 F.E.
Cockles-P. 75. Bright vs. foe B Tatham.
- § Proof is allowed of facts which are necessary to explain or introduce a fact in issue or a relevant fact.
Illustration —
(d) On an indictment for crime it was alleged that the Accused was absconding.
Evidence may be given to show that he had urgent business.