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Act Details
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The Indian Evidence Act, 1872
01
15-03-1872
The Indian Evidence Act, 1872
To consolidate, define and amend the law of Evidence.
Ministry of Law and Justice
Legislative Department
Chapters, and Sections
Chapter 1 - [Part - I Relevancy of Facts] - Preliminary
1 - Short title.
2 - [Repealed.]
3 - Interpretation-clause.
4 - May Presume. Shall presume. Conclusive proof
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Chapter 2 - Of 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
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
30 - Consideration of proved confession affecting person making it and others jointly under trial for same offence
31 - Admissions 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
22A - When oral admission as to contents of electronic records are relevant.
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 - 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 hand-writing, 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
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Chapter 3 - [Part II - On Proof] - 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
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Chapter 4 - Of Oral Evidence
59 - Proof of facts by oral evidence
60 - Oral evidence must be direct
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Chapter 5 - Of 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
66 - Rules as to notice to produce
67 - Proof of signature and handwriting of person alleged to have signed or written document produced
67 A - 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 - Presumption 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.
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Chapter 6 - Of 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 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
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Chapter 7 - [Part III - Production And Effect Of Evidence] - Of 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 woman
113B - Presumption as to dowry death
114 - Court may presume existence of certain facts.
114A - Presumption as to absence of consent in certain prosecution for rape
114B - Insertion of new Section 114B.––After section 114A of the Indian Evidence Act [State Amendment - Chhattisgarh]
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Chapter 8 - Estoppel
115 - Estoppel
116 - Estoppel of tenants and of licensee of person in possession
117 - Estoppel of acceptor of bill of exchange, bailee or licensee
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Chapter 9 - Of Witnesses
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
122 - Communications during marriage
123 - Evidence as to affairs of State
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
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
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Chapter 10 - Of 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 - 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
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Chapter 11 - Of Improper Admission And Rejection Of Evidence
167 - No new trial for improper admission or rejection of evidence
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