The Indian Evidence Act,1872

The Indian Evidence Act,1872

CONTENTS

Sections	Particulars

Preamble

PART I	RELEVANCY OF FACTS

CHAPTER I	Preliminary
1	Short title, extent and commencement
2	[Repealed]
3	Interpretation clause
4	Interpretation clause (contd.)

CHAPTER II	Of 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 international
16	Existence of course of business when relevant
	Admissions
17	Admission defined
18	Admission by party to proceeding or his agent by suit or in representative character by party interested in subject-matter by person from whom interest derived
19	Admission by persons whose position must be proved as against party to suit
20	Admissions by person 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 admissions as to contents of electronic records are relevant
23	Admissions in civil cases, when relevant
24	Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
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 trail for same offence
31	Admissions not conclusive proof, but may be stopped
	Statements by persons who cannot be called as witnesses
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
	Statements made under special circumstances
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, book, or series of letters or papers
	Judgments of courts of justice, when relevant
40	Previous judgments relevant to bar a second suit or trail
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	Judgments, etc. other than those me ntioned in Sections 40 to 42, when relevant
44	Fraud or collusion in obtaining judgment, or incompetence of Court, may be proved
	Opinion of third persons, when relevant
45	Opinions of experts
46	Facts bearing upon opinions of experts
47	Opinion as to handwriting, when relevant
48	Opinion as to existence of right or custom, when relevant
49	Opinion as to usage’s, tenets, etc., when relevant
50	Opinion on relationship, when relevant
51	Grounds of opinion, when relevant
	Character 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

PART II	ON PROOF

CHAPTER III	Facts which need not be proved
56	Facts judicially noticeable need not be proved
57	Facts of which Court must take judicial notice
58	Facts admitted need not be proved

CHAPTER IV	Of oral evidence
59	Proof of facts by oral evidence
60	Oral evidence must be direct

CHAPTER V	Of 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 not 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	Proof as to verification of digital signature
	Public Documents
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 Gazetteers newspapers, private Act 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 records 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 telegraphic messages
88A	Presumption as to electronic messages
89	Presumption as to due execution, etc., of document not produced
90	Presumption as to documents thirty years old
90A	Presumption as to electronic records five years old

CHAPTER VI	Of 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	Execution of evidence against application 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 language to one of two set 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

PART III	PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII	Of 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 know 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, landlords and tenant, principal and agent
110	Burden of proof as to own ership
111	Proof of good faith in transaction where one party
111A	Presumption as to certain offences
112	Birth during marriage, conclusive proof of legitimacy
113	Proof of cession of territory
113A	Presumption as to abutment of suicide by a married women
113B	Presumption as to dowry death
114	Court may presume existence of certain facts
114A	Presumption as to absence of consent in certain prosecutions for rape

CHAPTER VIII	Estoppel
115	Estoppel
116	Estoppel of tenant and of licensee of person in communications
117	Estoppel of acceptor of bill of exchange, bailee or licensee

CHAPTER IX	Of witnesses
118	Who may testify
119	Dumb witness
120	Parties to civil suit and their wives or husband-Husband 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 communications
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 party
131	Production of documents 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	Of 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 may 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 answer 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 -When witness may use copy of document to refresh 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	Production of documents -Translation 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	Of improper admission and rejection of evidence
167	No new trail for improper admission or rejection of evidence

	The Schedule. [Repealed].

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