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Section 1- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

1. SHORT TITLE, EXTENT, COMMENCEMENT . –

This Act may be called the Indian Evidence Act, 1872.

It extends to the whole of India 1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 2[other than Courts-martial convened under the Army Act] (44 & 45 Vict., c. 58) 3[the Naval Discipline Act (29 & 30 Vict., c. 109) or 4[***] the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act] (7 Geo. 5, c. 51) but not to affidavits 7presented to any Court or Officer, nor to proceedings before an arbitrator; and it shall come into force on the first day of September, 1872.

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1. Subs. by Act 3 of 1951, sec. 3 and Sch., for “except Part B States”.

2. Ins. by Act 18 of 1919, sec. 2 and Sch. I. See section 127 of the Army Act (44 and 45 Vict., c. 58).

3. Ins. by Act 35 of 1934, sec. 2 and Sch.

4. The words “that Act as modified by” omitted by the A.O. 1950.

5. See now the Navy Act, 1957 (64 of 1957)

6. Ins. by Act 10 of 1927, sec. 2 and Sch. I.

7. As to practice relating to affidavits, see, the Code of Civil Procedure, 1908 (Act 5 of 1908), sec. 30 (c) and Sch. 1, Order XIX. See also the Code of Criminal Procedure, 1973 (Act 2 of 1974), sections 295 and 297.

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The Indian Evidence Act, 1872

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