The Indian Evidence Act
To consolidate, define and amend the law of Evidence.1872
List of Chapters & Sections
CHAPTER I.--PRELIMINARY
CHAPTER II.--OF THE RELEVANCY OF FACTS
ADMISSIONS
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
HOW MUCH OF A STATEMENT IS TO BE PROVED
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
OPINIONS OF THIRD PERSONS WHEN RELEVANT
CHARACTER WHEN RELEVANT
CHAPTER III.--FACTS WHICH NEED NOT BE PROVED
CHAPTER IV.--OF ORAL EVIDENCE
CHAPTER V.--OF DOCUMENTARY EVIDENCE
PUBLIC DOCUMENTS
PRESUMPTIONS AS TO DOCUMENTS
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
CHAPTER VII.--OF THE BURDEN OF PROOF
CHAPTER VIII.--ESTOPPEL
CHAPTER IX.--OF WITNESSES
CHAPTER X.--OF THE EXAMINATION OF WITNESSES
CHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
CHAPTER I.--PRELIMINARY
CHAPTER II.--OF THE RELEVANCY OF FACTS
5Evidence may be given of facts in issue and relevant facts6Relevancy of facts forming part of same transaction7Facts which are the occasion, cause or effect of facts in issue8Motive, preparation and previous or subsequent conduct9Facts necessary to explain or introduce relevant facts10Things said or done by conspirator in reference to common design11When facts not otherwise relevant become relevant12In suits for damages, facts tending to enable Court to determine amount are relevant13Facts relevant when right or custom is in question14Facts showing existence of state of mind, or of body, or bodily feeling15Facts bearing on question whether act was accidental or intentional16Existence of course of business when relevantADMISSIONS
17Admission defined18Admission –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived19Admissions by persons whose position must be proved as against party to suit20Admissions by persons expressly referred to by party to suit21Proof of admissions against persons making them, and by or on their behalf22When oral admissions as to contents of documents are relevant22AWhen oral admission as to contents of electronic records are relevant23Admissions in civil cases when relevant24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding25Confession to police-officer not to be proved26Confession by accused while in custody of Police not to be proved against him27How much of information received from accused, may be proved28Confession made after removal of impression caused by inducement, threat or promise, relevant29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc30Consideration of proved confession affecting person making it and others jointly under trial for same offence31Admissions not conclusive proof, but may estopSTATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32Cases 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 question33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein statedSTATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34Entries in books of account when relevant35Relevancy of entry in public record made in performance of duty36Relevancy of statements in maps, charts and plans37Relevancy of statement as to fact of public nature contained in certain Acts or notifications38Relevancy of statements as to any law contained in law-booksHOW MUCH OF A STATEMENT IS TO BE PROVED
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
40Previous judgments relevant to bar a second suit or trial41Relevancy of certain judgments in probate, etc., jurisdiction42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 4143Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant44Fraud or collusion in obtaining judgment, or incompetency of Court, may be provedOPINIONS OF THIRD PERSONS WHEN RELEVANT
45Opinions of experts45AOpinion of Examiner of Electronic Evidence46Facts bearing upon opinions of experts47Opinion as to handwriting, when relevant47AOpinion as to digital signature, when relevant48Opinion as to existence of right or custom, when relevant49Opinion as to usages, tenets, etc., when relevant50Opinion on relationship, when relevant51Grounds of opinion, when relevantCHARACTER WHEN RELEVANT
CHAPTER III.--FACTS WHICH NEED NOT BE PROVED
CHAPTER IV.--OF ORAL EVIDENCE
CHAPTER V.--OF DOCUMENTARY EVIDENCE
61Proof of contents of documents62Primary evidence63Secondary evidence64Proof of documents by primary evidence65Cases in which secondary evidence relating to documents may be given65ASpecial provisions as to evidence relating to electronic record65BAdmissibility of electronic records66Rules as to notice to produce67Proof of signature and handwriting of person alleged to have signed or written document produced67AProof as to electronic signature68Proof of execution of document required by law to be attested69Proof where no attesting witness found70Admission of execution by party to attested document71Proof when attesting witness denies the execution72Proof of document not required by law to be attested73Comparison of signature, writing or seal with others admitted or proved73AProof as to verification of digital signaturePUBLIC DOCUMENTS
PRESUMPTIONS AS TO DOCUMENTS
79Presumption as to genuineness of certified copies80Presumption as to documents produced as record of evidence81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents81APresumption as to Gazettes in electronic forms82Presumption as to document admissible in England without proof of seal or signature83Presumption as to maps or plans made by authority of Government84Presumption as to collections of laws and reports of decisions85Presumptions as to powers-of-attorney85APresumption as to electronic agreements85BPresumption as to electronic records and electronic signatures85CPresumption as to Electronic Signature Certificates86Presumption as to certified copies of foreign judicial records87Presumption as to books, maps and charts88Presumption as to telegraphic messages88APresumption as to electronic messages89Presumption as to due execution, etc., of documents not produced90Presumption as to documents thirty years old90APresumption as to electronic records five years oldCHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document92Exclusion of evidence of oral agreement93Exclusion of evidence to explain or amend ambiguous document94Exclusion of evidence against application of document to existing facts95Evidence as to document unmeaning in reference to existing facts96Evidence as to application of language which can apply to one only of several persons97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies98Evidence as to meaning of illegible characters, etc99Who may give evidence of agreement varying terms of document100Saving of provisions of Indian Succession Act relating to willsCHAPTER VII.--OF THE BURDEN OF PROOF
101Burden of proof102On whom burden of proof lies103Burden of proof as to particular fact104Burden of proving fact to be proved to make evidence admissible105Burden of proving that case of accused comes within exceptions106Burden of proving fact especially within knowledge107Burden of proving death of person known to have been alive within thirty years108Burden of proving that person is alive who has not been heard of for seven years109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent110Burden of proof as to ownership111Proof of good faith in transactions where one party is in relation of active confidence111APresumption as to certain offences112Birth during marriage, conclusive proof of legitimacy113Proof of cession of territory113APresumption as to abetment of suicide by a married woman113BPresumption as to dowry death114Court may presume existence of certain facts114APresumption as to absence of consent in certain prosecution for rapCHAPTER VIII.--ESTOPPEL
CHAPTER IX.--OF WITNESSES
118Who may testify119Witness unable to communicate verbally120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial121Judges and Magistrates122Communications during marriage123Evidence as to affairs of State124Official communications125Information as to commission of offences126Professional communications127Section 126 to apply to interpreters, etc128Privilege not waived by volunteering evidence129Confidential communications with legal advisers130Production of title-deeds of witness not a party131Production of documents or electronic records which another person, having possession, could refuse to produce132Witness not excused from answering on ground that answer will criminate133Accomplice134Number of witnessesCHAPTER X.--OF THE EXAMINATION OF WITNESSES
135Order of production and examination of witnesses136Judge to decide as to admissibility of evidence137Examination-in-chief138Order of examinations139Cross-examination of person called to produce a document140Witnesses to character141Leading questions142When they must not be asked143When they may be asked144Evidence as to matters in writing145Cross-examination as to previous statements in writing146Questions lawful in cross-examination147When witness to be compelled to answer148Court to decide when question shall be asked and when witness compelled to answer149Question not to be asked without reasonable grounds150Procedure of Court in case of question being asked without reasonable grounds151Indecent and scandalous questions152Questions intended to insult or annoy153Exclusion of evidence to contradict answers to questions testing veracity154Question by party to his own witness155Impeaching credit of witness156Questions tending to corroborate evidence of relevant fact, admissible157Former statements of witness may be proved to corroborate later testimony as to same fact158What matters may be proved in connection with proved statement relevant under section 32 or 33159Refreshing memory160Testimony to facts stated in document mentioned in section159161Right of adverse party as to writing used to refresh memory162Production of documents163Giving, as evidence, of document called for and produced on notice164Using, as evidence, of document production of which was refused on notice165Judge’s power to put questions or order production166Power of jury or assessors to put questionsCHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE