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 [Repealed]

3. Interpretation-clause

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

17. Admission defined

18. Admission

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.

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.

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

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

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.

See also  Section 131 Indian Evidence Act 1872

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

39. What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers.

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

45. Opinions of experts.

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.

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.

67. Proof of signature and handwriting of person alleged to have signed or written document produced.

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

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.

PRESUMPTIONS AS TO DOCUMENTS

See also  Section 84 Indian Evidence Act 1872

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

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 in 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.

PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII. –– 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

See also  Section 70 Indian Evidence Act 1872

CHAPTER VIII. –– 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.

118. Who may testify.

CHAPTER IX.— OF WITNESSES

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.

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.

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 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.]

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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