Judge to decide as to admissibility of evidence.

What this section does

The Judge decides whether proposed evidence is admissible by asking the party how the fact, if proved, would be relevant. Where admissibility depends on proof of a prior fact, that prior fact must be proved first unless the party undertakes to prove it later to the Court's satisfaction. The Judge has discretion to permit evidence of a conditionally relevant fact before or after the foundational fact is proved.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

The Judge is the sole arbiter of admissibility; conditional relevance requires proof of the foundational fact before or by undertaking.

When it applies

• A dying declaration under s.26 BSA cannot be admitted until the declarant's death is first proved.
• Secondary evidence of a lost document cannot be given until the loss of the original is established.

Derived from IEA s.136.