Act 1 of 1872

The Indian Evidence Act, 1872

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1872-03-15
  • 185 sections
SectionTitle
1 Short title.Read
2 [Repealed.].Read
3 Interpretation-clause.Read
4 May Presume. Shall presume.Conclusive proofRead
5 Evidence may be given of facts in issue and relevant facts.Read
6 Relevancy of facts forming part of same transaction.Read
7 Facts which are the occasion, cause or effect of facts in issue.Read
8 Motive, preparation and previous or subsequent conduct.Read
9 Facts necessary to explain or introduce relevant facts.Read
10 Things said or done by conspirator in reference to common design.Read
11 When facts not otherwise relevant become relevant.Read
12 In suits for damages, facts tending to enable Court to determine amount are relevant.Read
13 Facts relevant when right or custom is in question.Read
14 Facts showing existence of state of mind, or of body, or bodily feeling. Read
15 Facts bearing on question whether act was accidental or intentional.Read
16 Existence of course of business when relevant.Read
17 Admission defined.Read
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. Read
19 Admissions by persons whose position must be proved as against party to suit.Read
20 Admissions by persons expressly referred to by party to suit.Read
21 Proof of admissions against persons making them, and by or on their behalf.Read
22 When oral admissions as to contents of documents are relevant.Read
22A When oral admission as to contents of electronic records are relevant.Read
23 Admissions in civil cases when relevant.Read
24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.Read
25 Confession to police-officer not to be proved.Read
26 Confession by accused while in custody of Police not to be proved against him.Read
27 How much of information received from accused, may be proved.Read
28 Confession made after removal of impression caused by inducement, threat or promise, relevant.Read
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.Read
30 Consideration of proved confession affecting person making it and others jointly under trial for same offence. Read
31 Admissions not conclusive proof, but may estop.Read
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. Read
33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Read
34 Entries in books of account when relevant.Read
35 Relevancy of entry in public record made in performance of duty.Read
36 Relevancy of statements in maps, charts and plans.Read
37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications.Read
38 Relevancy of statements as to any law contained in law-books.Read
39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. Read
40 Previous judgments relevant to bar a second suit or trial.Read
41 Relevancy of certain judgments in probate, etc., jurisdiction.Read
42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.Read
43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.Read
44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.Read
45 Opinions of experts.Read
45A Opinion of Examiner of Electronic Evidence.Read
46 Facts bearing upon opinions of experts.Read
47 Opinion as to handwriting, when relevant.Read
47A Opinion as to digital signature, when relevant.Read
48 Opinion as to existence of right or custom, when relevant.Read
49 Opinion as to usages, tenets, etc., when relevant.Read
50 Opinion on relationship, when relevant.Read
51 Grounds of opinion, when relevant.Read
52 In civil cases character to prove conduct imputed, irrelevant.Read
53 In criminal cases previous good character relevant.Read
53A Evidence of character or previous sexual experience not relevant in certain cases.Read
54 Previous bad character not relevant, except in reply.Read
55 Character as affecting damages.Read
56 Fact judicially noticeable need not be proved.Read
57 Facts of which Court must take judicial notice.Read
58 Facts admitted need not be proved.Read
59 Proof of facts by oral evidence.Read
60 Oral evidence must be direct.Read
61 Proof of contents of documents.Read
62 Primary evidence.Read
63 Secondary evidence.Read
64 Proof of documents by primary evidence.Read
65 Cases in which secondary evidence relating to documents may be given.Read
65A Special provisions as to evidence relating to electronic record.Read
65B Admissibility of electronic records.Read
66 Rules as to notice to produce.Read
67 Proof of signature and handwriting of person alleged to have signed or written document produced. Read
67A Proof as to electronic signature.Read
68 Proof of execution of document required by law to be attested.Read
69 Proof where no attesting witness found.Read
70 Admission of execution by party to attested document.Read
71 Proof when attesting witness denies the execution.Read
72 Proof of document not required by law to be attested.Read
73 Comparison of signature, writing or seal with others admitted or proved.Read
73A Proof as to verification of digital signature.Read
74 Public documents.Read
75 Private documents.Read
76 Certified copies of public documents.Read
77 Proof of documents by production of certified copies.Read
78 Proof of other official documents.Read
79 Presumption as to genuineness of certified copies.Read
80 Presumption as to documents produced as record of evidence.Read
81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.Read
81A Presumption as to Gazettes in electronic forms.Read
82 Presumption as to document admissible in England without proof of seal or signature.Read
83 Presumption as to maps or plans made by authority of Government.Read
84 Presumption as to collections of laws and reports of decisions.Read
85 Presumptions as to powers-of-attorney.Read
85A Presumption as to electronic agreements.Read
85B Presumption as to electronic records and electronic signatures.Read
85C Presumption as to Electronic Signature Certificates.Read
86 Presumption as to certified copies of foreign judicial records.Read
87 Presumption as to books, maps and charts.Read
88 Presumption as to telegraphic messages.Read
88A Presumption as to electronic messages.Read
89 Presumption as to due execution, etc., of documents not produced.Read
90 Presumption as to documents thirty years old.Read
90A Presumption as to electronic records five years old.Read
91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. Read
92 Exclusion of evidence of oral agreement.Read
93 Exclusion of evidence to explain or amend ambiguous document.Read
94 Exclusion of evidence against application of document to existing facts.Read
95 Evidence as to document unmeaning in reference to existing facts.Read
96 Evidence as to application of language which can apply to one only of several persons.Read
97 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. Read
98 Evidence as to meaning of illegible characters, etc.Read
99 Who may give evidence of agreement varying terms of document.Read
100 Saving of provisions of Indian Succession Act relating to wills.Read
101 Burden of proof.Read
102 On whom burden of proof lies.Read
103 Burden of proof as to particular fact.Read
104 Burden of proving fact to be proved to make evidence admissible.Read
105 Burden of proving that case of accused comes within exceptions.Read
106 Burden of proving fact especially within knowledge.Read
107 Burden of proving death of person known to have been alive within thirty years.Read
108 Burden of proving that person is alive who has not been heard of for seven years.Read
109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. Read
110 Burden of proof as to ownership.Read
111 Proof of good faith in transactions where one party is in relation of active confidence.Read
111A Presumption as to certain offences.Read
112 Birth during marriage, conclusive proof of legitimacy.Read
113 Proof of cession of territory.Read
113A Presumption as to abetment of suicide by a married woman.Read
113B Presumption as to dowry death.Read
114 Court may presume existence of certain facts.Read
114A Presumption as to absence of consent in certain prosecution for rape Read
115 Estoppel. Read
116 Estoppel of tenants and of licensee of person in possession.Read
117 Estoppel of acceptor of bill of exchange, bailee or licensee.Read
118 Who may testify.Read
119 Witness unable to communicate verbally.Read
120 Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.Read
121 Judges and Magistrates.Read
122 Communications during marriage.Read
123 Evidence as to affairs of State. Read
124 Official communications.Read
125 Information as to commission of offences.Read
126 Professional communications.Read
127 Section 126 to apply to interpreters, etc.Read
128 Privilege not waived by volunteering evidence.Read
129 Confidential communications with legal advisers.Read
130 Production of title-deeds of witness not a party.Read
131 Production of documents or electronic records which another person, having possession, could refuse to produce. Read
132 Witness not excused from answering on ground that answer will criminate.Read
133 Accomplice.Read
134 Number of witnesses.Read
135 Order of production and examination of witnesses.Read
136 Judge to decide as to admissibility of evidence.Read
137 Examination-in-chief.Read
138 Order of examinations.Read
139 Cross-examination of person called to produce a document.Read
140 Witnesses to character.Read
141 Leading questions.Read
142 When they must not be asked.Read
143 When they may be asked.Read
144 Evidence as to matters in writing.Read
145 Cross-examination as to previous statements in writing.Read
146 Questions lawful in cross-examination. Read
147 When witness to be compelled to answer.Read
148 Court to decide when question shall be asked and when witness compelled to answer.Read
149 Question not to be asked without reasonable grounds.Read
150 Procedure of Court in case of question being asked without reasonable grounds.Read
151 Indecent and scandalous questions.Read
152 Questions intended to insult or annoy.Read
153 Exclusion of evidence to contradict answers to questions testing veracity.Read
154 Question by party to his own witness.Read
155 Impeaching credit of witness.Read
156 Questions tending to corroborate evidence of relevant fact, admissible.Read
157 Former statements of witness may be proved to corroborate later testimony as to same fact.Read
158 What matters may be proved in connection with proved statement relevant under section 32 or 33. Read
159 Refreshing memory.Read
160 Testimony to facts stated in document mentioned in section159.Read
161 Right of adverse party as to writing used to refresh memory.Read
162 Production of documents.Read
163 Giving, as evidence, of document called for and produced on notice.Read
164 Using, as evidence, of document production of which was refused on notice.Read
165 Judge’s power to put questions or order production.Read
166 Power of jury or assessors to put questions.Read
167 No new trial for improper admission or rejection of evidence.Read
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