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
1
Short title
2
[Repealed.]
3
Interpretation-clause
4
May Presume. Shall presume.Conclusive proo

CHAPTER II.--OF THE RELEVANCY OF FACTS

Evidence may be given of facts in issue and relevant facts

Relevancy of facts forming part of same transaction

Facts which are the occasion, cause or effect of facts in issue

Motive, preparation and previous or subsequent conduct

Facts necessary to explain or introduce relevant facts

Things said or done by conspirator in reference to common design

When facts not otherwise relevant become relevant

In suits for damages, facts tending to enable Court to determine amount are relevant

Facts relevant when right or custom is in question

Facts showing existence of state of mind, or of body, or bodily feeling

Facts bearing on question whether act was accidental or intentional

Existence of course of business when relevant

ADMISSIONS

Admission defined

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

Admissions by persons whose position must be proved as against party to suit

Admissions by persons expressly referred to by party to suit

Proof of admissions against persons making them, and by or on their behalf

When oral admissions as to contents of documents are relevant

When oral admission as to contents of electronic records are relevant

Admissions in civil cases when relevant

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

Confession to police-officer not to be proved

Confession by accused while in custody of Police not to be proved against him

How much of information received from accused, may be proved

Confession made after removal of impression caused by inducement, threat or promise, relevant

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc

Consideration of proved confession affecting person making it and others jointly under trial for same offence

Admissions not conclusive proof, but may estop

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

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

Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Entries in books of account when relevant

Relevancy of entry in public record made in performance of duty

Relevancy of statements in maps, charts and plans

Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Relevancy of statements as to any law contained in law-books

HOW MUCH OF A STATEMENT IS TO BE PROVED

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

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

Previous judgments relevant to bar a second suit or trial

Relevancy of certain judgments in probate, etc., jurisdiction

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

OPINIONS OF THIRD PERSONS WHEN RELEVANT

Opinions of experts

Opinion of Examiner of Electronic Evidence

Facts bearing upon opinions of experts

Opinion as to handwriting, when relevant

Opinion as to digital signature, when relevant

Opinion as to existence of right or custom, when relevant

Opinion as to usages, tenets, etc., when relevant

Opinion on relationship, when relevant

Grounds of opinion, when relevant

CHARACTER WHEN RELEVANT

In civil cases character to prove conduct imputed, irrelevant

In criminal cases previous good character relevant

Evidence of character or previous sexual experience not relevant in certain cases

Previous bad character not relevant, except in reply

Character as affecting damages

CHAPTER III.--FACTS WHICH NEED NOT BE PROVED

Fact judicially noticeable need not be proved

Facts of which Court must take judicial notice

Facts admitted need not be proved

CHAPTER IV.--OF ORAL EVIDENCE

Proof of facts by oral evidence

Oral evidence must be direct

CHAPTER V.--OF DOCUMENTARY EVIDENCE

Proof of contents of documents

Primary evidence

Secondary evidence

Proof of documents by primary evidence

Cases in which secondary evidence relating to documents may be given

Special provisions as to evidence relating to electronic record

Admissibility of electronic records

Rules as to notice to produce

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

Proof as to electronic signature

Proof of execution of document required by law to be attested

Proof where no attesting witness found

Admission of execution by party to attested document

Proof when attesting witness denies the execution

Proof of document not required by law to be attested

Comparison of signature, writing or seal with others admitted or proved

Proof as to verification of digital signature

PUBLIC DOCUMENTS

Public documents

Private documents

Certified copies of public documents

Proof of documents by production of certified copies

Proof of other official documents

PRESUMPTIONS AS TO DOCUMENTS

Presumption as to genuineness of certified copies

Presumption as to documents produced as record of evidence

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

Presumption as to Gazettes in electronic forms

Presumption as to document admissible in England without proof of seal or signature

Presumption as to maps or plans made by authority of Government

Presumption as to collections of laws and reports of decisions

Presumptions as to powers-of-attorney

Presumption as to electronic agreements

Presumption as to electronic records and electronic signatures

Presumption as to Electronic Signature Certificates

Presumption as to certified copies of foreign judicial records

Presumption as to books, maps and charts

Presumption as to telegraphic messages

Presumption as to electronic messages

Presumption as to due execution, etc., of documents not produced

Presumption as to documents thirty years old

Presumption as to electronic records five years old

CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

Exclusion of evidence of oral agreement

Exclusion of evidence to explain or amend ambiguous document

Exclusion of evidence against application of document to existing facts

Evidence as to document unmeaning in reference to existing facts

Evidence as to application of language which can apply to one only of several persons

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

Evidence as to meaning of illegible characters, etc

Who may give evidence of agreement varying terms of document

Saving of provisions of Indian Succession Act relating to wills

CHAPTER VII.--OF THE BURDEN OF PROOF

Burden of proof

On whom burden of proof lies

Burden of proof as to particular fact

Burden of proving fact to be proved to make evidence admissible

Burden of proving that case of accused comes within exceptions

Burden of proving fact especially within knowledge

Burden of proving death of person known to have been alive within thirty years

Burden of proving that person is alive who has not been heard of for seven years

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Burden of proof as to ownership

Proof of good faith in transactions where one party is in relation of active confidence

Presumption as to certain offences

Birth during marriage, conclusive proof of legitimacy

Proof of cession of territory

Presumption as to abetment of suicide by a married woman

Presumption as to dowry death

Court may presume existence of certain facts

Presumption as to absence of consent in certain prosecution for rap

CHAPTER VIII.--ESTOPPEL

Estoppel of tenants and of licensee of person in possession

Estoppel of acceptor of bill of exchange, bailee or licensee

CHAPTER IX.--OF WITNESSES

Who may testify

Witness unable to communicate verbally

Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial

Judges and Magistrates

Communications during marriage

Evidence as to affairs of State

Official communications

Information as to commission of offences

Professional communications

Section 126 to apply to interpreters, etc

Privilege not waived by volunteering evidence

Confidential communications with legal advisers

Production of title-deeds of witness not a party

Production of documents or electronic records which another person, having possession, could refuse to produce

Witness not excused from answering on ground that answer will criminate

Number of witnesses

CHAPTER X.--OF THE EXAMINATION OF WITNESSES

Order of production and examination of witnesses

Judge to decide as to admissibility of evidence

Examination-in-chief

Order of examinations

Cross-examination of person called to produce a document

Witnesses to character

Leading questions

When they must not be asked

When they may be asked

Evidence as to matters in writing

Cross-examination as to previous statements in writing

Questions lawful in cross-examination

When witness to be compelled to answer

Court to decide when question shall be asked and when witness compelled to answer

Question not to be asked without reasonable grounds

Procedure of Court in case of question being asked without reasonable grounds

Indecent and scandalous questions

Questions intended to insult or annoy

Exclusion of evidence to contradict answers to questions testing veracity

Question by party to his own witness

Impeaching credit of witness

Questions tending to corroborate evidence of relevant fact, admissible

Former statements of witness may be proved to corroborate later testimony as to same fact

What matters may be proved in connection with proved statement relevant under section 32 or 33

Refreshing memory

Testimony to facts stated in document mentioned in section159

Right of adverse party as to writing used to refresh memory

Production of documents

Giving, as evidence, of document called for and produced on notice

Using, as evidence, of document production of which was refused on notice

Judge’s power to put questions or order production

Power of jury or assessors to put questions

CHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

No new trial for improper admission or rejection of evidence