VidhiSangh

Bare Act · 184 sections

Indian Evidence Act, 1872 (Evidence Act)

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part I — Relevancy of Facts

  1. 1. Short title
  2. 3. Interpretation-clause
  3. 4. ―May presume‖
  4. 5. Evidence may be given of facts in issue and relevant facts
  5. 6. Relevancy of facts forming part of same transaction
  6. 7. Facts which are the occasion, cause or effect of facts in issue
  7. 8. Motive, preparation and previous or subsequent conduct
  8. 9. Facts necessary to explain or introduce relevant facts
  9. 10. Things said or done by conspirator in reference to common design
  10. 11. When facts not otherwise relevant become relevant
  11. 12. In suits for damages, facts tending to enable Court to determine amount are relevant
  12. 13. Facts relevant when right or custom is in question
  13. 14. Facts showing existence of state of mind, or of body of bodily feeling
  14. 15. Facts bearing on question whether act was accidental or intentional
  15. 16. Existence of course of business when relevant
  16. 17. Admission defined
  17. 18. Admission––by party to proceeding or his agent
  18. 19. Admissions by persons whose position must be proved as against party to suit
  19. 20. Admissions by persons expressly referred to by party to suit
  20. 21. Proof of admissions against persons making them, and by or on their behalf
  21. 22. When oral admissions as to contents of documents are relevant
  22. 22A. When oral admission as to contents of electronic records are relevant
  23. 23. Admissions in civil cases when relevant
  24. 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
  25. 25. Confession to police-officer not to be proved
  26. 26. Confession by accused while in custody of police not to be proved against him
  27. 27. How much of information received from accused may be proved
  28. 28. Confession made after removal of impression caused by inducement, threat or promise, relevant
  29. 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
  30. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
  31. 31. Admissions not conclusive proof, but may estop
  32. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  33. 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
  34. 34. Entries in books of account when relevant
  35. 35. Relevancy of entry in public record made in performance of duty
  36. 36. Relevancy of statements in maps, charts and plans
  37. 37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  38. 38. Relevancy of statements as to any law contained in law-books
  39. 39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  40. 40. Previous judgments relevant to bar a second suit or trial
  41. 41. Relevancy of certain judgments in probate, etc., jurisdiction
  42. 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
  43. 43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
  44. 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  45. 45. Opinions of experts
  46. 45A. Opinion of Examiner of Electronic Evidence
  47. 46. Facts bearing upon opinions of experts
  48. 47. Opinion as to hand-writing, when relevant
  49. 47A. Opinion as to digital signature, when relevant
  50. 48. Opinion as to existence of right or custom, when relevant
  51. 49. Opinion as to usages, tenets, etc., when relevant
  52. 50. Opinion on relationship, when relevant
  53. 51. Grounds of opinion, when relevant
  54. 52. In civil cases character to prove conduct imputed, irrelevant
  55. 53. In criminal cases previous good character relevant
  56. 53A. Evidence of character or previous sexual experience not relevant in certain cases
  57. 54. Previous bad character not relevant, except in reply
  58. 55. Character as affecting damages

Part II — On Proof

  1. 56. Fact judicially noticeable need not be proved
  2. 57. Facts of which Court must take judicial notice
  3. 58. Facts admitted need not be proved
  4. 59. Proof of facts by oral evidence
  5. 60. Oral evidence must be direct
  6. 61. Proof of contents of documents
  7. 62. Primary evidence
  8. 63. Secondary evidence
  9. 64. Proof of documents by primary evidence
  10. 65. Cases in which secondary evidence relating to documents may be given
  11. 65A. Special provisions as to evidence relating to electronic record
  12. 65B. Admissibility of electronic records
  13. 66. Rules as to notice to produce
  14. 67. Proof of signature and handwriting of person alleged to have signed or written document produced
  15. 67A. Proof as to 2 [ electronic signature
  16. 68. Proof of execution of document required by law to be attested
  17. 69. Proof where no attesting witness found
  18. 70. Admission of execution by party to attested document
  19. 71. Proof when attesting witness denies the execution
  20. 72. Proof of document not required by law to be attested
  21. 73. Comparison of signature, writing or seal with others admitted or proved
  22. 73A. Proof as to verification of digital signature
  23. 74. Public documents
  24. 75. Private documents
  25. 76. Certified copies of public documents
  26. 77. Proof of documents by production of certified copies
  27. 78. Proof of other official documents
  28. 79. Presumption as to genuineness of certified copies
  29. 80. Presumption as to documents produced as record of evidence
  30. 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
  31. 81A. Presumption as to Gazettes in electronic forms
  32. 82. Presumption as to document admissible in England without proof of seal or signature
  33. 83. Presumption as to maps or plans made by authority of Government
  34. 84. Presumption as to collections of laws and reports of decisions
  35. 85. Presumption as to powers-of-attorney
  36. 85A. Presumption as to electronic agreements
  37. 85B. Presumption as to electronic records and 5 [electronic signatures
  38. 85C. Presumption as to 6 [Electronic Signature Certificates
  39. 86. Section 86
  40. 87. Presumption as to books, maps and charts
  41. 88. Presumption as to telegraphic messages
  42. 88A. Presumption as to electronic messages
  43. 89. Presumption as to due execution, etc., of documents not produced
  44. 90. Presumption as to documents thirty years old
  45. 90A. Presumption as to electronic records five years old
  46. 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  47. 92. Exclusion of evidence of oral agreement
  48. 93. Exclusion of evidence to explain or amend ambiguous document
  49. 94. Exclusion of evidence against application of document to existing facts
  50. 95. Evidence as to document unmeaning in reference to existing facts
  51. 96. Evidence as to application of language which can apply to one only of several persons
  52. 97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  53. 98. Evidence as to meaning of illegible characters, etc
  54. 99. Who may give evidence of agreement varying terms of document
  55. 100. Saving of provisions of Indian Succession Act relating to wills

Part III — Production and Effect of Evidence

  1. 101. Burden of proof
  2. 102. On whom burden of proof lies
  3. 103. Burden of proof as to particular fact
  4. 104. Burden of proving fact to be proved to make evidence admissible
  5. 105. Burden of proving that case of accused comes within exceptions
  6. 106. Burden of proving fact especially within knowledge
  7. 107. Burden of proving death of person known to have been alive within thirty years
  8. 108. Burden of proving that person is alive who has not been heard of for seven years
  9. 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  10. 110. Burden of proof as to ownership
  11. 111. Proof of good faith in transactions where one party is in relation of active confidence
  12. 111A. Presumption as to certain offences
  13. 112. Birth during marriage, conclusive proof of legitimacy
  14. 113. Proof of cession of territory
  15. 113A. Presumption as to abetment of suicide by a married woman
  16. 113B. Presumption as to dowry death
  17. 114. Court may presume existence of certain facts
  18. 114A. Presumption as to absence of consent in certain prosecution for rape
  19. 115. Estoppel
  20. 116. Estoppel of tenants and of licensee of person in possession
  21. 117. Estoppel of acceptor of bill of exchange, bailee or licensee
  22. 118. Who may testify
  23. 119. Witness unable to communicate verbally
  24. 120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
  25. 121. Judges and Magistrates
  26. 122. Communications during marriage
  27. 123. Evidence as to affairs of State
  28. 124. Official communications
  29. 125. Information as to commission of offences
  30. 126. Professional communications
  31. 127. Section 126 to apply to interpreters, etc
  32. 128. Privilege not waived by volunteering evidence
  33. 129. Confidential communications with legal advisers
  34. 130. Production of title-deeds of witness not a party
  35. 131. Production of documents or electronic records which another person, having possession, could refuse to produce
  36. 132. Witness not excused from answering on ground that answer will criminate
  37. 133. Accomplice
  38. 134. Number of witnesses
  39. 135. Order of production and examination of witnesses
  40. 136. Judge to decide as to admissibility of evidence
  41. 137. Examination-in-chief
  42. 138. Order of examinations
  43. 139. Cross-examination of person called to produce a document
  44. 140. Witnesses to character
  45. 141. Leading questions
  46. 142. When they must not be asked
  47. 143. When they may be asked
  48. 144. Evidence as to matters in writing
  49. 145. Cross-examination as to previous statements in writing
  50. 146. Questions lawful in cross-examination
  51. 147. When witness to be compelled to answer
  52. 148. Court to decide when question shall be asked and when witness compelled to answer
  53. 149. Question not to be asked without reasonable grounds
  54. 150. Procedure of Court in case of question being asked without reasonable grounds
  55. 151. Indecent and scandalous questions
  56. 152. Questions intended to insult or annoy
  57. 153. Exclusion of evidence to contradict answers to questions testing veracity
  58. 154. Question by party to his own witness
  59. 155. Impeaching credit of witness
  60. 156. Questions tending to corroborate evidence of relevant fact, admissible
  61. 157. Former statements of witness may be proved to corroborate later testimony as to same fact
  62. 158. Section 158
  63. 159. Refreshing memory
  64. 160. Testimony to facts stated in document mentioned in section 159
  65. 161. Right of adverse party as to writing used to refresh memory
  66. 162. Production of documents
  67. 163. Giving, as evidence, of document called for and produced on notice
  68. 164. Using, as evidence, of document production of which was refused on notice
  69. 165. Judge’s power to put questions or order production
  70. 166. Power of jury or assessors to put questions
  71. 167. No new trial for improper admission or rejection of evidence

Source: official text.