Evidence Act · 2014 Revised Edition · Chapter II
50. Opinion on relationship when relevant
Official textFrom Attorney General's Chambers, unchanged
When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Such opinion shall not be sufficient to prove a marriage in prosecutions under section 494, 495 or 498 of the Penal Code (Chapter 22).
Illustrations
The question is whether A and B were married.
The fact they were usually received and treated by their friends as husband and wife is relevant.
The question is whether A was a legitimate son of B.
The fact that A was always treated as such by members of the family is relevant.
Grounds of opinion when relevant.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III