Section List

1/1872 - The Indian Evidence Act, 1872 ▶

Act Number: 1

Act Name: The Indian Evidence Act, 1872

Year: 1872

Enactment Date: 1872-03-15

Long Title:

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section Number	Title	Actions
1	Short title.
2	[Repealed.].
3	Interpretation-clause.
4	May Presume. Shall presume.Conclusive proof
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.
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	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.
31	Admissions not conclusive proof, but may estop.
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.
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	Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.
44	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
45	Opinions of experts.
45A	Opinion of Examiner of Electronic Evidence.
46	Facts bearing upon opinions of experts.
47	Opinion as to handwriting, when relevant.
47A	Opinion as to digital signature, when relevant.
48	Opinion as to existence of right or custom, when relevant.
49	Opinion as to usages, tenets, etc., when relevant.
50	Opinion on relationship, when relevant.
51	Grounds of opinion, when relevant.
52	In civil cases character to prove conduct imputed, irrelevant.
53	In criminal cases previous good character relevant.
53A	Evidence of character or previous sexual experience not relevant in certain cases.
54	Previous bad character not relevant, except in reply.
55	Character as affecting damages.
56	Fact judicially noticeable need not be proved.
57	Facts of which Court must take judicial notice.
58	Facts admitted need not be proved.
59	Proof of facts by oral evidence.
60	Oral evidence must be direct.
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.
67A	Proof as to electronic 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	Proof 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	Presumptions as to powers-of-attorney.
85A	Presumption as to electronic agreements.
85B	Presumption as to electronic records and electronic signatures.
85C	Presumption as to Electronic 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 documents not produced.
90	Presumption as to documents thirty years old.
90A	Presumption as to electronic records five years old.
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.
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.
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.
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 woman.
113B	Presumption as to dowry death.
114	Court may presume existence of certain facts.
116	Estoppel of tenants and of licensee of person in possession.
117	Estoppel of acceptor of bill of exchange, bailee or licensee.
118	Who may testify.
119	Witness unable to communicate verbally.
120	Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
121	Judges and Magistrates.
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 a party.
132	Witness not excused from answering on ground that answer will criminate.
133	Accomplice.
134	Number 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.
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.
159	Refreshing memory.
160	Testimony to facts stated in document mentioned in section159.
161	Right of adverse party as to writing used to refresh memory.
162	Production 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.
167	No new trial for improper admission or rejection of evidence.
17	Admission defined.
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.
30	Consideration of proved confession affecting person making it and others jointly under trial for same offence.
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.
33	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
39	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
67	Proof of signature and handwriting of person alleged to have signed or written document produced.
91	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
97	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
115	Estoppel.
122	Communications during marriage.
123	Evidence as to affairs of State.
131	Production of documents or electronic records which another person, having possession, could refuse to produce.
145	Cross-examination as to previous statements in writing.
146	Questions lawful in cross-examination.
158	What matters may be proved in connection with proved statement relevant under section 32 or 33.
114A	Presumption as to absence of consent in certain prosecution for rape
109	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.