Indian Evidence Act 1872
Indian Evidence Act 1872
The Indian Evidence Act 1872 regulates the admissibility of evidence in the Indian courts of law. It was originally passed in India by the Imperial Legislative Council in 1872. The Act has 167 sections across 11 chapters.
Preamble to the Indian Evidence Act
WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is hereby enacted as follows: —
Sections of the Indian Evidence Act
PART I
RELEVANCY OF FACTS
CHAPTER I. –– PRELIMINARY
1. Short title
2. [Repealed]
4. Section 4
CHAPTER II. –– 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, of bodily feeling
15. Facts bearing on question whether act was accidental or intentional
16. Existence of course of business when relevant
ADMISSIONS
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.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
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.
HOW MUCH OF A STATEMENT IS TO BE PROVED
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
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.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45A. Opinion of Examiner of Electronic Evidence
46. Facts hearing 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.
CHARACTER 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
PART II
ON PROOF
CHAPTER III.— 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.
CHAPTER IV.—OF ORAL EVIDENCE
59. Proof of facts by oral evidence.
60. Oral evidence must be direct.
CHAPTER IV.—OF ORAL EVIDENCE
61. Proof of contents of documents.
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.
PUBLIC DOCUMENTS
76. Certified copies of public documents.
77. Proof of documents by production of certified copies.
78. Proof of other official documents.
PRESUMPTIONS AS TO 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.
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
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.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII. –– OF THE 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.
114A. Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII. –– ESTOPPEL
116. Estoppel of tenants and of licensee of person in possession.
117. Estoppel of acceptor of bill of exchange, bailee or licensee.
CHAPTER IX.— OF WITNESSES
119. Witness unable to communicate verbally.
122. Communications during marriage
123. Evidence as to affairs of State.
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.
CHAPTER X. –– 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. Cross-examination. Re-examination.
138. Order of examinations. Direction of re-examination.
139. Cross-examination of person called to produce a document.
142. When they must not 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.
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. Translation 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.
CHAPTER XI–– OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence.
Indian Evidence Act 1872 – Schedule
THE SCHEDULE [Repealed.]