LawgistAll Acts
Indian Evidence Act
To consolidate, define and amend the law of Evidence.
| Act Id | 187201 |
| Act Number | 01 |
| Enactment Date | 1872-03-15 |
| Act Year | 1872 |
| Ministry | Ministry of Law and Justice |
| Enforcement Date | 01-09-1872 |
- CHAPTER I.--PRELIMINARY
- 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, or 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 –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
- 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. 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 question
- 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
- 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
- 45 Opinions of experts
- 45A Opinion of Examiner of Electronic Evidence
- 46 Facts bearing 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
- CHAPTER III.--FACTS WHICH NEED NOT BE PROVED
- CHAPTER IV.--OF ORAL EVIDENCE
- CHAPTER V.--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
- 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
- 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
- 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
- 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 rap
- CHAPTER VIII.--ESTOPPEL
- CHAPTER IX.--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
- 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
- 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 section159
- 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
- CHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
