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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Summary
When a statement offered as evidence is part of a longer statement, conversation, document, electronic record, book, or a series of letters or papers, the court will admit only so much of the surrounding material as is necessary to understand the statement’s nature, effect and the circumstances in which it was made. Parts that are not needed for that understanding can be excluded.
Example
Priya sends a short message in a long WhatsApp conversation accusing a neighbour of theft. The court will allow only the nearby messages needed to show what Priya meant and the circumstances in which she wrote it, not the sender’s entire chat history.
Bare Act
Enacted textWhen any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
Sections 40 to 44 – Judgments of Courts of justice, when relevant
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