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Indian Evidence Act, 1872


Foot Notes

1. Dated 15th. March 1872.

 

2. This Act has been extended to Berar by the Berar Laws Act, 1941 and has been declared to be in force in the Sonthal Parganas by the settlement Parganas Settlement Regulation, 1872 (3 of 1872); in Panth Piploda by the Panth Piploda Laws Regulation, 1929; in the Khondmals Districts by the Khondmals Laws Regulation, 1936; and in the Angul District by the Angul Laws Regulation, 1936; also by notification under the Scheduled Districts Act, 1874; in the following Scheduled Districts, namely the Districts of Hazaribagh, Lohardaga (now the Ranchi District-see Calcutta Gazette, 1899. Pt. I, p. 44) and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Binghabhum – see GOI, 1881, Pt. 1, p. 504 (the Lohardaga or Ranchi District included at this time the Palamau District, separated in 1894); and the Tarai of the Province of Agra, ibid., 1876, Pt. 1, p. 505; Gajnam and Vizagapatam-see GOI, 1899, Part 1, p. 720. This Act has been extended also to Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondichery by Reg. 7 of 1963; to Goa, Daman and Diu by Reg. 11 of 1963, and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965.

 

3. Substituted by Act No. 3 of 1951, for the words "except Part B States".

 

4. Inserted by Act No. 18 of 1919, see also section 127 of the Army Act.

 

5. Inserted by Act No. 35 of 1934.

 

6. The words "that Act as modified by" omitted by the A.O. 1950.

 

7. See now the Navy Act, 1957.

 

8. Inserted by Act No. 10 of 1927.

 

8A. Substituted by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.

 

9. Substituted by Act No. 3 of 1951 for the definition of "State" and "States".

 

9A. Inserted by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.

 

10 See now the Code of Civil Procedure, 1908.

 

11 Substituted by the A.O. 1950, for the word "Queen".

 

12. Substituted by Act No. 3 of 1891, for the earlier Explanation .

 

13. Substituted by Act No. 3 of 1891, for the earlier illustration (b).

 

14. Inserted by Act No. 3 of 1891.

 

17. A Coroner has been declared to be Magistrate for the purposes of this section, see section 10 of the Coroners Act, 1871.

 

18. Inserted by Act No. 3 of 1891.

 

19. The words "or in Burma" omitted by the A.O. 1937.

 

20. See now the Code of Criminal Procedure, 1898.

 

21. Inserted by Act No. 3 of 1891.

 

22. Inserted by Act No. 18 of 1872.

 

23. Substituted by the A.O. 1948 for the words "any Government in British India".

 

24. Inserted by the A.O. 1950.

 

25. Substituted for the words "Act of the Governor General of India in Council or of the Governors in Council of Madras or Bombay, or of the Lieutenant Governor in Council of Bengal, or in notification of the Government appearing in the Gazette of India, or in the Gazette of any L.G. or in any printed paper purporting to be the London Gazette or the Government Gazette of any colony or possession of the Queen, is a relevant fact" successively by Act No. 10 of 1914, A.O. 1937, A.O. 1948 and A.O. 1950.

 

26. Substituted by Act No. 3 of 1951 for the words "an Act of the Legislature of a Part A State or a Part C State".

 

27. Certain words omitted by Act No. 10 of 1914.

 

28 Inserted by Act No. 18 of 1872.

 

29. Inserted by Act No. 3 of 1891.

 

30. Inserted by Act No. 5 of 1899.

 

31. Inserted by Act No. 18 of 1872.

 

32. Substituted by Act No. 3 of 1891.

 

33. Inserted by Act No. 3 of 1891.

 

34. Substituted by the A.O. 1950.

 

35. Inserted by the A.O. 1950.

 

36. Substituted by the A.O. 1950 for the words "Her Majesty’s".

 

37. Substituted by Act No. 10 of 1927 for the words "or Navy".

 

38. Substituted by the A.O. 1950.

 

39. Substituted by the A.O. 1948 for the words "Courts of British India".

 

40. Substituted by Act No. 3 of 1951 for the words "the States".

 

41. Substituted by the A.O. 1937, for the words "the G. G. or any L. G. in Council".

 

42. Substituted by the A.O. 1950, for the words "any Act of Parliament of other".

 

43. Substituted by the A.O. 1937, for the words "the Gazetted of India, or in the Official Gazette of any L.G.".

 

44 Substituted by the A.O. 1950, for the words "the British Crown".

 

45. Inserted by Act No. 18 of 1872.

 

46. Inserted by Act No. 18 of 1872.

 

47. Inserted by Act No. 31 of 1926.

 

48. The words "whether of British India, or of any other part of Her Majesty's dominions" have successively been amended by the A.O. 1948 and the A.O. 1950.

 

49. Substituted by the A.O. 1950, for the words "in any province".

 

50. Substituted by the A.O. 1937, for the words "the Executive Government of British India"

 

51. Inserted by the A.O. 1937.

 

52. Substituted by the A.O. 1937 for the words "by order of Government".

 

53. The words "Her Majesty" stand unaltered, see the A.O. 1950.

 

54. Substituted by the A.O. 1937., for the words "public Act of the Governor General of India in Council".

 

55. Substituted by the A.O. 1950, for the words "a Province".

 

56. Substituted by the A.O. 1950, for the words "a British Counsel".

 

57. Inserted by the A.O. 1948.

 

58. The words beginning from "in British India" and ending with the words "to be genuine" have been successively amended by the A.O. 1937, A. 1948 and A.O. 1950.

 

59. Substituted by Act No. 3 of 1951 for the words "in a Part B State".

 

60. Substituted by the A.O. 1937 for the words "the Gazette of India, or the Government Gazette of any L.G. or".

 

61. The word "Government" has successively been amended by the A.O. 1937, A.O. 1948, Act No. 40 of 1949 and the A.O. 1950.

 

62. Substituted by the A.O. 1950 for the words "British".

 

63. The words "of Her Majesty or" omitted by the A.O. 1950.

 

64. Substituted by the A.O. 1937, for the words "G.of I.".

 

65. Substituted by the A.O. 1950 for the words "any country not forming part".

 

66. The words "a Part B State or of "omitted by Act No. 3 of 1951.

 

67. The words "Her Majesty or of" omitted by the A.O. 1950.

 

68. Substituted by Act No. 3 of 1891 for the words "resident in" Substituted by Act No. 3 of 1951 for the words "such Part B State or country".

 

69. Substituted by Act No. 3 of 1951 for the words "such Part B State or country".

 

70. Substituted by Act No. 3 of 1951 for the words "that State of country".

 

71. Substituted by Act No. 5 of 1899 for the former paragraph which had been inserted by Act No. 3 of 1891.

 

72. The words "a Part B State or" omitted by Act No. 3 of 1951.

 

73. Substituted by the A.O. 1950 for the words, figures and brackets "clause (40)".

 

74. Substituted by Act No. 3 of 1951 for the words "in and for that Part B State or country".

 

75. Substituted by Act No. 18 of 1872 for the words "under the Indian Succession Act".

 

76. Substituted by Act No. 18 of 1872 for the words "for want of failure".

 

77. See now the Indian Succession Act, 1925.

 

78. Sic. In the Act as published in Gazette of India, 1872, Pt. IV, P. 1, there is no Illustration (b).

 

79. Substituted by Act No. 18 of 1872 for the words "When".

 

80. Substituted by Act No. 18 of 1872 for the words "on".

 

81. Inserted by Act No. 61 of 1984.

 

82. Inserted by the A.O. 1937, w.e.f. 1st. April 1937.

 

83. Inserted by Act No. 46 of 1983.

 

84. Section 113B inserted by the Dowry prohibition (Amendment) Act, 1986 dated 8th September 1986.

 

85. Inserted by Act No. 43 of 1983.

 

86. Substituted by Act No. 3 of 1887 for the earlier section 125.

 

87. Substituted by Act No. 18 of 1872 for the words "criminal".

 

88. Inserted by Act No. 18 of 1872.

 

89. See also section 172 of the Code of Criminal Procedure, 1898.

 

90. Substituted by Act No. 18 of 1872 for the words "had".



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