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Indian Evidence Act, 1872

[Act No. 1 of 1872]1

 

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Repeal of enactments : Repealed by the Repealing Act, 1938

3

Interpretation clause

4

"May presume"

Chapter II  

The Relevancy Of Facts

5

Evidence may be given of facts in issue and relevant facts

6

Relevancy of facts forming part of same transaction

7

Facts which are the occasion, cause or effect of facts in issue

8

Motive, preparation and previous or subsequent conduct

9

Facts necessary to explain or introduce relevant facts

10

Things said or done by conspirator in reference to common design

11

When facts not otherwise relevant become relevant

12

In suits for damages, facts tending to enable Court to determine amount are relevant

13

Facts relevant when right or custom is in question

14

Facts showing existence of state of mind, or of body or bodily feeling

15

Facts bearing on question whether act was accidental or intentional

16

Existence of course of business when relevant

17

Admission defined

18

Admission-by party to proceeding or his agent

19

Admissions by persons whose position must be proved as against party to suit

20

Admissions by persons expressly referred to by party to suit

21

Proof of admissions against persons making them, and by or on their behalf

22

When oral admissions as to contents of documents are relevant

22A

When oral admission as to contents of electronic records are relevant

23

Admission in civil cases relevant

24

Confession caused by inducement, threat or promise when irrelevant in criminal proceedings

25

Confession to police officer not to be proved

26

Confession by accused while in custody of police not to be proved against him

27

How much of information received from accused may be proved

28

Confession made after removal of impression caused by inducement, threat or promise, relevant

29

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

30

Consideration of proved confession affecting person making it and others jointly under trial for same offence

31

Admission not conclusive proof, but may estop

32

Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant

33

Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

34

Entries in books of account when relevant

35

Relevancy of entry in public record made in performance of duty

36

Relevancy of statements in maps, charts and plans

37

Relevancy of statement as to fact of public nature, contained in certain acts or notifications

38

Relevancy of statements as to any law contained in law-books

39

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.

40

Previous judgments relevant to bar a second suit or trial

41

Relevancy of certain judgments in probate, etc. jurisdiction

42

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

43

Judgment, etc., other than those mentioned in sections 40 to 42, when relevant

44

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

45

Opinions of experts

46

Facts bearing upon opinions of experts

47

Opinion as to handwriting, when relevant

47A

Opinion as to digital signature where relevant

48

Opinion as to existence of right or custom, when relevant

49

Opinion as to usage, tenets, etc., when relevant

50

Opinion on relationship, when relevant

52

In civil cases character to prove conduct imputed, irrelevant

53

In criminal cases previous good character relevant

54

Previous bad character not relevant, except in reply

55

Character as affecting damages

Chapter III 

Facts Which Need Not Be Proved

56

Fact Judicially noticeable need not be proved

57

Facts of which Court must take judicial notice

58

Facts admitted need not be proved

Chapter IV 

Oral Evidence

59

Proof of facts by oral evidence

60

Oral evidence must be direct

Chapter V 

Documentary Evidence

61

Proof of contents of documents

62

Primary evidence

63

Secondary evidence

64

Proof of documents by primary evidence

65

Cases in which secondary evidence relating to documents may be given

65A

Special provisions as to evidence relating to electronic record

65B

Admissibility of electronic records

66

Rules as to notice to produce

67

Proof of signature and handwriting of person alleged to have signed or written document produced

67A

Proof as to digital signature

68

Proof of execution of document required by law to be attested

69

Proof where no attesting witness found

70

Admission of execution by party to attested document

71

Proof when attesting witness denies the execution

72

Proof of document not required by law to be attested

73

Comparison of signature, writing or seal with others admitted or proved

73A

Proofs as to verification of digital signature

74

Public documents

75

Private documents

76

Certified copies of public documents

77

Proof of documents by production of certified copies

78

Proof of other official documents

79

Presumption as to genuineness of certified copies

80

Presumption as to documents produced as record of evidence

81

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

81A

Presumption as to Gazettes in electronic forms

82

Presumption as to document admissible in England without proof of seal or signature

83

Presumption as to maps or plans made by authority of Government

84

Presumption as to collections of laws and reports of decisions

85

Presumption as to powers-of-attorney

85A

Presumption as to electronic agreements

85B

Presumption as to electronic record and digital signatures

85C

Presumption as to Digital Signature Certificates

86

Presumption as to certified copies of foreign judicial records

87

Presumption as to books, maps and charts

88

Presumption as to books, maps and charts

88A

Presumption as to electronic messages

89

Presumption as to due execution, etc., of documents not produced

90

Presumption as to documents thirty years old

90A

Presumption as to electronic records five year old

Chapter VI 

The Exclusion Of Oral By Documentary Evidence

91

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

92

Exclusion of evidence of oral agreement

93

Exclusion of evidence to explain or amend ambiguous document

94

Exclusion of evidence against application of document to existing facts

95

Evidence as to document unmeaning in reference to existing facts

96

Evidence as to application of language which can apply to one only of several persons

97

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

98

Evidence as to meaning of illegible characters, etc.

99

Who may give evidence of agreement varying terms of document

100

Saving of provisions of Indian Succession Act, relating to wills

Chapter VII 

The Burden Of Proof

101

Burden of proof

102

On whom burden of proof lies

103

Burden of proof as to particular fact

104

Burden of proving fact to be proved to make evidence admissible

105

Burden of proving that case of accused comes within exceptions.

106

Burden of proving fact especially within knowledge

107

Burden of proving death of person known to have been alive within thirty years

108

Burden of proving that person is alive who has not been heard of for seven years

109

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

110

Burden of proof as to ownership

111

Proof of good faith in transactions where one party is in relation of active confidence

111A

Presumption as to certain offences

112

Birth during marriage, conclusive proof of legitimacy

113

Proof of cession of territory

113A

Presumption as to abetment of suicide by a married women

113B

Presumption as to dowry death

114

Court may presume existence of certain acts

114A

Presumption as to absence of consent in certain prosecutions for rape

Chapter VIII 

Estoppel

115

Estoppel

116

Estoppel of tenant; and of license of person in possession

117

Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter IX 

Witnesses

118

Who may testify

119

Dumb witnesses

120

Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial

121

Judges and Magistrates

122

Communications during marriage

123

Evidence as to affairs of State

124

Official communications

125

Information as to commission of offences

126

Professional communication

127

Section 126 to apply to interpreters etc.

128

Privilege not waived by volunteering evidence

129

Confidential communications with legal advisers

130

Production of title-deeds of witness not a party

131

Production of documents or electronic records which another person, having possession, could refuse to produce

132

Witness not excused from answering on ground that answer will criminate

133

Accomplice

134

Number of witnesses

Chapter X 

The Examination Of Witnesses

135

Order of production and examination of witnesses

136

Judge to decide as to admissibility of evidence

137

Examination in chief

138

Order of examinations

139

Cross-examination of person called to produce a document

140

Witnesses to character

141

Leading questions

142

When they must not be asked

143

When they may be asked

144

Evidence as to matters in writing

145

Cross-examination as to previous Statements in writing

146

Questions lawful in cross-examination

147

When witness to be compelled to answer

148

Court to decide when question shall be asked and when witness compelled to answer

149

Question not to be asked without reasonable grounds

150

Procedure of Court in case of question being asked without reasonable grounds

151

Indecent and scandalous questions

152

Questions intended to insult or annoy

153

Exclusion of evidence to contradict answers to questions testing veracity

154

Question by party to his own witness

155

Impeaching credit of witness

156

Questions tending to corroborate evidence of relevant fact, admissible

157

Former statements of witness may be proved to corroborate later testimony as to same fact

158

What matters may be proved in connection with proved statement relevant under section 32 or 33

159

Refreshing memory

160

Testimony to facts stated in document mentioned in section 159

161

Right of adverse party as to writing used to refresh memory

162

Productions of documents

163

Giving, as evidence, of document called for and produced on notice

164

Using, as evidence, of document production of which was refused on notice

165

Judge's power to put questions or order production

166

Power of jury or assessors to put questions

Chapter XI 

Improper Admission And Rejection Of Evidence

167

No new trial for improper admission or rejection or evidence

 

Foot Notes

 

Whereas it is expedient to consolidate, define and amend the law of Evidence;

It is hereby enacted as follows: -



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