Indian Evidence Act 1872
ARRANGEMENT OF SECTIONS
PART I
RELEVANCY OF FACTS
CHAPTER I. –– PRELIMINARY
SECTIONS
Section 1 : Short title. Extent.
Commencement of Act
Section 2 : [Repealed.]
Section 3 : Interpretation-clause.
“Court”.
“Fact”.
“Relevant”.
“Facts in issue”.
“Document”.
“Evidence”.
“Proved”.
“Disproved”.
“Not proved”.
“India”.
Section 4 : “May Presume.”
“Shall presume.”
“Conclusive proof”.
CHAPTER II. ––OF THE RELEVANCY OF FACTS
Section 5 : Evidence may be given of facts in issue and relevant facts.
Section 6 : Relevancy of facts forming part of same transaction
Section 7 : Facts which are the occasion, cause or effect of facts in issue
Section 8 : Motive, preparation and previous or subsequent conduct.
Section 9 : Facts necessary to explain or introduce relevant facts
Section 10 : Things said or done by conspirator in reference to common design.
Section 11 : When facts not otherwise relevant become relevant.
Section 12 : In suits for damages, facts tending to enable Court to determine amount are relevant
Section 13 : Facts relevant when right or custom is in question.
Section 14 : Facts showing existence of state of mind, or of body, or bodily feeling
Section 15 : Facts bearing on question whether act was accidental or intentional
Section 16 : Existence of course of business when relevant.
Section 17 : Admission defined.
ADMISSIONS
Section 18 : Admission––
by party to proceeding or his agent;
by suitor in representative character;
by party interested in subject-matter;
by person from whom interest derived.
Section 19 : Admissions by persons whose position must be proved as against party to suit
Section 20 : Admissions by persons expressly referred to by party to suit.
Section 21 : Proof of admissions against persons making them, and by or on their behalf.
Section 22 : When oral admissions as to contents of documents are relevant.
Section 22A : When oral admission as to contents of electronic records are relevant.
Section 23 : Admissions in civil cases when relevant.
Section 24 : Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
Section 25 : Confession to police-officer not to be proved.
Section 26 : Confession by accused while in custody of Police not to be proved against him.
Section 27 : How much of information received from accused may be proved.
Section 28 : Confession made after removal of impression caused by inducement, threat or promise, relevant.
Section 29 : Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
Section 30 : Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Section 31 : Admissions not conclusive proof, but may estop.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
Section 32 : Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
When it relates to cause of death;
or is made in course of business;
or against interest of maker;
or gives opinion as to public right or custom, or matters of general interest;
or relates to existence of relationship;
or is made in will or deed relating to family affairs;
or in document relating to transaction mentioned in section 13, clause (a);
or is made by several persons and expresses feelings relevant to matter in question
Section 33 : Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
Section 34 : Entries in books of account when relevant
Section 35 : Relevancy of entry in public record made in performance of duty
Section 36 : Relevancy of statements in maps, charts and plans
Section 37 : Relevancy of statement as to fact of public nature contained in certain Acts or notifications
Section 38 : Relevancy of statements as to any law contained in law-books.
HOW MUCH OF A STATEMENT IS TO BE PROVED
Section 39 : What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
Section 40 : Previous judgments relevant to bar a second suit or trial.
Section 41 : Relevancy of certain judgments in probate, etc., jurisdiction
Section 42 : Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Section 43 : Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
Section 44 : Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
Section 45 : Opinions of experts
Section 45A : Opinion of Examiner of Electronic Evidence
Section 46 : Facts bearing upon opinions of experts
Section 47 : Opinion as to handwriting, when relevant.
Section 47A : Opinion as to digital signature, when relevant.
Section 48 : Opinion as to existence of right or custom, when relevant
Section 49 : Opinion as to usages, tenets, etc., when relevant.
Section 50 : Opinion on relationship, when relevant.
Section 51 : Grounds of opinion, when relevant
CHARACTER WHEN RELEVANT
Section 52 : n civil cases character to prove conduct imputed, irrelevant.
Section 53 : In criminal cases previous good character relevant.
Section 53A : Evidence of character or previous sexual experience not relevant in certain cases
Section 54 : Previous bad character not relevant, except in reply.
Section 55 : Character as affecting damages.
PART II
ON PROOF
CHAPTER III.—FACTS WHICH NEED NOT BE PROVED
Section 56 : Fact judicially noticeable need not be proved.
Section 57 : Facts of which Court must take judicial notice.
Section 58 : Facts admitted need not be proved.
CHAPTER IV.—OF ORAL EVIDENCE
Section 59 : Proof of facts by oral evidence.
Section 60 : Oral evidence must be direct.
CHAPTER V.— OF DOCUMENTARY EVIDENCE
Section 61 : Proof of contents of documents
Section 62 : Primary evidence.
Section 63 : Secondary evidence.
Section 64 : Proof of documents by primary evidence
Section 65 : Cases in which secondary evidence relating to documents may be given
Section 65A : Special provisions as to evidence relating to electronic record.
Section 65B : Admissibility of electronic records.
Section 66 : Rules as to notice to produce.
Section 67 : Proof of signature and handwriting of person alleged to have signed or written document produced
Section 67A : Proof as to electronic signature
Section 68 : Proof of execution of document required by law to be attested
Section 69 : Proof where no attesting witness found.
Section 70 : Admission of execution by party to attested document
Section 71 : Proof when attesting witness denies the execution
Section 72 : Proof of document not required by law to be attested
Section 73 : Comparison of signature, writing or seal with others admitted or proved.
Section 73A : Proof as to verification of digital signature
PUBLIC DOCUMENTS
Section 74 : Public documents.
Section 75 : Private documents.
Section 76 : Certified copies of public documents
Section 77 : Proof of documents by production of certified copies
Section 78 : Proof of other official documents.
PRESUMPTIONS AS TO DOCUMENTS
Section 79 : Presumption as to genuineness of certified copies.
Section 80 : Presumption as to documents produced as record of evidence
Section 81 : Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section 81A : Presumption as to Gazettes in electronic forms.
Section 82 : Presumption as to document admissible in England without proof of seal or signature
Section 83 : Presumption as to maps or plans made by authority of Government
Section 84 : Presumption as to collections of laws and reports of decisions
Section 85 : Presumptions as to powers-of-attorney.
Section 85A : Presumption as to electronic agreements
Section 85B : Presumption as to electronic records and electronic signatures
Section 85C : Presumption as to electronic records and electronic signatures
Section 86 : Presumption as to certified copies of foreign judicial records
Section 87 : Presumption as to books, maps and charts
Section 88 : Presumption as to telegraphic messages.
Section 88A : Presumption as to electronic messages.
Section 89 : Presumption as to due execution, etc., of documents not produced.
Section 90 : Presumption as to documents thirty years old
Section 90A : Presumption as to electronic records five years old
CHAPTER VI.–– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Section 91 : Evidence of te rms of contracts, grants and other dispositions of property reduced to form of document.
Section 92 : Exclusion of evidence of oral agreement.
Section 93 : Exclusion of evidence to explain or amend ambiguous document
Section 94 : Exclusion of evidence against application of document to existing facts
Section 95 : Evidence as to document unmeaning in reference to existing facts.
Section 96 : Evidence as to application of language which can apply to one only of several persons
Section 97 : Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
Section 98 : Evidence as to meaning of illegible characters, etc
Section 99 : Who may give evidence of agreement varying terms of document
Section 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
Section 101 : Burden of proof.
Section 102 : On whom burden of proof lies
Section 103 : Burden of proof as to particular fact
Section 104 : Burden of proving fact to be proved to make evidence admissible
Section 105 : Burden of proving that case of accused comes within exceptions
Section 106 : Burden of proving fact especially within knowledge.
Section 107 : Burden of proving death of person known to have been alive within thirty years
Section 108 : Burden of proving that person is alive who has not been heard of for seven years.
Section 109 : Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Section 110 : Burden of proof as to ownership
Section 111 : Proof of good faith in transactions where one party is in relation of active confidence
Section 111A : Presumption as to certain offences
Section 112 : Birth during marriage, conclusive proof of legitimacy
Section 113 : Proof of cession of territory.
Section 113A : Presumption as to abetment of suicide by a married woman
Section 113B : Presumption as to dowry death.
Section 114 : Court may presume existence of certain facts
Section 114A : Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII.––ESTOPPEL
Section 115 : Estoppel.
Section 116 : Estoppel of tenants and of licensee of person in possession
Section 117 : Estoppel of acceptor of bill of exchange, bailee or licensee.
CHAPTER IX.—OF WITNESSES
Section 118 : Who may testify
Section 119 : Witness unable to communicate verbally.
Section 120 : Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
Section 121 : Judges and Magistrates.
Section 122 : Communications during marriage.
Section 123 : Evidence as to affairs of State.
Section 124 : Official communications.
Section 125 : Information as to commission of offences
Section 126 : Professional communications
Section 127 : Section 126 to apply to interpreters, etc.
Section 128 : Privilege not waived by volunteering evidence
Section 129 : Confidential communications with legal advisers.
Section 130 : Production of title-deeds of witness not a party
Section 131 : Production of documents or electronic records which another person, having possession, could refuse to produce.
Section 132 : Witness not excused from answering on ground that answer will criminate.
Proviso
Section 133 : Accomplice.
Section 134 : Number of witnesses.
CHAPTER X.––OF THE EXAMINATION OF WITNESSES
Section 135 : Order of production and examination of witnesses
Section 136 : Judge to decide as to admissibility of evidence
Section 137 : Examination-in-chief.
Cross-examination.
Re-examination
Section 138 : Order of examinations.
Direction of re-examination
Section 139 : Cross-examination of person called to produce a document
Section 140 : Witnesses to character.
Section 141 : Leading questions.
Section 142 : When they must not be asked.
Section 143 : When they may be asked.
Section 144 : Evidence as to matters in writing.
Section 145 : Cross-examination as to previous statements in writing
Section 146 : Questions lawful in cross-examination
Section 147 : When witness to be compelled to answer
Section 148 : Court to decide when question shall be asked and when witness compelled to answer
Section 149 : Question not to be asked without reasonable grounds
Section 150 : Procedure of Court in case of question being asked without reasonable grounds
Section 151 : Indecent and scandalous questions
Section 152 : Questions intended to insult or annoy.
Section 153 : Exclusion of evidence to contradict answers to questions testing veracity
Section 154 : Question by party to his own witness
Section 155 : Impeaching credit of witness.
Section 156 : Questions tending to corroborate evidence of relevant fact, admissible
Section 157 : Former statements of witness may be proved to corroborate later testimony as to same fact.
Section 158 : What matters may be proved in connection with proved statement relevant under section 32 or 33.
Section 159 : Refreshing memory.
When witness may use copy of document to refresh memory
Section 160 : Testimony to facts stated in document mentioned in section159.
Section 161 : Right of adverse party as to writing used to refresh memory.
Section 162 : Production of documents.
Translation of documents.
Section 163 : Giving, as evidence, of document called for and produced on notice
Section 164 : Using, as evidence, of document production of which was refused on notice
Section 165 : Judge’s power to put questions or order production
Section 166 : Power of jury or assessors to put questions
CHAPTER XI.–– OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 167 : No new trial for improper admission or rejection of evidence.
THE SCHEDULE –– [Repealed.]