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Bar News Acts League

The Indian Evidence Act, 1872

Act ID: 1872

The Indian Evidence Act, 1872

"An Act to consolidate, define and amend the law of evidence. Repealed and replaced by BSA, 2023."

Table of Contents

167 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement S.2Repeal of enactments S.3Interpretation clause S.4"May presume"

Ch. IIO

f the Relevancy of Facts

S.5Evidence may be given of facts in issue and relevant facts S.6Relevancy of facts forming part of same transaction S.7Facts which are the occasion, cause or effect of facts in issue S.8Motive, preparation and previous or subsequent conduct S.9Facts necessary to explain or introduce relevant facts S.10Things said or done by conspirator in reference to common design S.11When facts not otherwise relevant become relevant S.12In suits for damages, facts tending to enable Court to determine amount are relevant S.13Facts relevant when right or custom is in question S.14Facts showing existence of state of mind, or of body or bodily feeling S.15Facts bearing on question whether act was accidental or intentional S.16Existence of course of business when relevant S.17Admission defined S.18Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject matter; by person from whom interested derived S.19Admissions by persons whose position must be proved as against party to suit S.20Admissions by persons expressly referred to by party to suit S.21Proof of admissions against persons making them, and by or on their behalf S.22When oral admissions as to contents of documents are relevant S.23Admissions in civil cases when relevant S.24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding S.25Confession to police officer not to be proved S.26Confession by accused while in custody of police not to be proved against him S.27How much of information received from accused may be proved S.28Confession made after removal of impression caused by inducement, threat or promise, relevant S.29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc S.30Consideration of proved confession affecting person making it and others jointly under trial for same offence S.31Admissions not conclusive proof, but may estop S.32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant S.33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated S.34[Entries in books of accounts including those maintained in an electronic form] [Substituted by Act 21 of 2000, Section 92 and Sch.II, for "Entries in the books of account" (w.e.f. 17.10.2000)], when relevant S.35Relevancy of entry in public [record of an electronic record] [Substituted by Act 21 of 2000, Section 92 and Sch.II, for "record" (w.e.f. 17.10.2000).], made in performance of duty S.36Relevancy of statements in maps, charts and plans S.37Relevancy of statement as to fact of public nature, contained in certain Acts or notifications S.38Relevancy of statements as to any law contained in law-books S.39[ What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers [Substituted by Act 21 of 2000, Section 92 and Sch.II, for Section 39 (w.e.f. 17.10.2000).]S.40Previous judgments relevant to bar a second suit or trial S.41Relevancy of certain judgments in probate, etc., jurisdiction S.42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 S.43Judgments, etc., other than those mentioned in sections 40 to 42, when relevant S.44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved S.45Opinions of experts S.46Facts bearing upon opinions of experts S.47Opinion as to handwriting, when relevant S.48Opinion as to existence of right or custom, when relevant S.49Opinions as to usages, tenets, etc., when relevant S.50Opinion on relationship, when relevant S.51Grounds of opinion, when relevant S.52In civil cases character to prove conduct imputed, irrelevant S.53In criminal cases previous good character relevant S.54[ Previous bad character not relevant, except in reply. [Substituted by Act 3 of 1891, Section 6, for the original section.]S.55Character as affecting damages

Ch. IIIF

acts Which Need Not Be Proved

S.56Facts judicially noticeable need not be proved S.57Facts of which Court must take judicial notice S.58Facts admitted need not be proved

Ch. IVO

f Oral Evidence

S.59Proof of facts by oral evidence S.60Oral evidence must be direct

Ch. VO

f Documentary Evidence

S.61Proof of contents of documents S.62Primary Evidence S.63Secondary evidence S.64Proof of documents by primary evidence S.65Cases in which secondary evidence relating to document may be given S.66Rules as to notice to produce S.67Proof of signature and handwriting of person alleged to have signed or written document produced S.68Proof of execution of document required by law to be attested S.69Proof where no attesting witness found S.70Admission of execution by party to attested document S.71Proof when attesting witness denies the execution S.72Proof of document not required by law to be attested S.73Comparison of signature, writing or seal with others admitted or proved S.74Public documents S.75Private documents S.76Certified copies of public documents S.77Proof of documents by production of certified copies S.78Proof of other official documents S.79Presumption as to genuineness of certified copies S.80Presumption as to documents produced as record of evidence S.81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents S.82Presumption as to document admissible in England without proof of seal or signature S.83Presumption as to maps or plans made by authority of Government S.84Presumption as to collections of laws and reports of decisions S.85Presumption as to powers-of-attorney S.86Presumption as to certified copies of foreign judicial records S.87Presumption as to books, maps and charts S.88Presumption as to telegraphic massages S.89Presumption as to due execution, etc., of documents not produced S.90Presumption as to documents thirty years old

Ch. VIO

f the exclusion of oral by documentary evidence

S.91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document S.92Exclusion of evidence of oral agreement S.93Exclusion of evidence to explain or amend ambiguous document S.94Exclusion of evidence against application of document to existing facts S.95Evidence as to document unmeaning in reference to existing facts S.96Evidence as to application of language which can apply to one only of several persons S.97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies S.98Evidence as to meaning of illegible characters, etc S.99Who may give evidence of agreement varying terms of document S.100Saving of provisions of Indian Succession Act relating to wills

Ch. VIIO

f the burden of proof

S.101Burden of proof S.102On whom burden of proof lies S.103Burden of proof as to any particular fact S.104Burden of proving fact to be proved to make evidence admissible S.105Burden of proving that case of accused comes within exceptions S.106Burden of proving fact especially within knowledge S.107Burden of proving death of person known to have been alive within thirty years S.108Burden of proving that a person is alive who has not been heard of for seven years S.109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent S.110Burden of proof as to ownership S.111Proof of good faith in transactions where one party is in relation of active confidence S.112Birth during marriage, conclusive proof of legitimacy S.113Proof of cession of territory S.114Court may presume existence of certain facts

Ch. VIIIE

stoppel

S.115Estoppel S.116Estoppel of tenant; and of licensee of person in possession S.117Estoppel of acceptor of bill of exchange, bailee or licensee

Ch. IXO

f witnesses

S.118Who may testify S.119Witness unable to communicate verbally S.120Parties to civil suit and their wives or husbands - Husband or wife of person under criminal trial S.121Judges and Magistrates S.122Communications during marriage S.123Evidence as to affairs of State S.124Official communications S.125[ Information as to commission of offences. [Substituted by Act 3 of 1887, Section 1, for the original Section 123.]S.126Professional communications S.127Section 126 to apply to interpreters, etc S.128Privilege not waived by volunteering evidence S.129Confidential communications with legal advisers S.130Production of title-deeds of witness, not a party S.131Production of documents or electronic records which another person, having possession, could refuse to produce S.132Witness not excused from answering on the ground that answer will criminate S.133Accomplice S.134Number of witnesses

Ch. XO

f the examination of witnesses

S.135Order of production and examination of witnesses S.136Judge to decide as to admissibility of evidence S.137Examination-in-chief S.138Order of examinations S.139Cross-examination of person called to produce a document S.140Witnesses to character S.141Leading questions S.142When they must not be asked S.143When they may be asked S.144Evidence as to matters in writing S.145Cross-examination as to previous statements in writing S.146Questions lawful in cross-examination S.147When witness to be compelled to answer S.148Court to decide when question shall be asked and when witness compelled to answer S.149Question not to be asked without reasonable grounds S.150Procedure of Court in case of question being asked without reasonable grounds S.151Indecent and scandalous questions S.152Questions intended to insult or annoy S.153Exclusion of evidence to contradict answers to questions testing veracity S.154Question by party to his own witness S.155Impeaching credit of witness S.156Questions tending to corroborate evidence of relevant fact, admissible S.157Former statements of witness may be proved to corroborate later testimony as to same fact S.158What matters may be proved in connection with proved statement relevant under section 32 or 33 S.159Refreshing memory S.160Testimony to facts stated in document mentioned in section 159 S.161Right of adverse party as to writing used to refresh memory S.162Production of documents S.163Giving, as evidence, of document called for and produced on notice S.164Using, as evidence, of document, production of which was refused on notice S.165Judge's power to put questions or order production S.166Power of jury or asessors to put questions

Ch. XIO

f improper admission and rejection of evidence

S.167No new trial for improper admission or rejection of evidence