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| 2 | Repeal of enactments : Repealed by the Repealing Act, 1938 |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:-