INDIAN EVIDENCE ACT – 1872.

INDIAN EVIDENCE ACT – 1872

This Act may be called the Indian Evidence act, 1872.

 It extends to the whole of India [except the State of Jammu and Kashmir].

Commencement of Act.–And it shall come into force on the first day of September, 1872.

The Indian Evidence Act consists of a Total of 11 Chapters and 167 sections.

Chapter. 1. Preliminary. (Section. 1 – 4)

Section. 1	Short title, extent, commencement.
Section. 2	(Repeal of enactment)
Section. 3	Interpretation clause.
Section. 4	May presume.

Chapter. 2. Of the relevancy of facts. (Section. 5 – 55)

Section. 5	Evidence may be given of facts in issue and relevant facts.
Section. 6	Relevancy of facts forming part of same transaction.
Section. 7	Facts which are occasion, cause or effect of facts in issue.
Section. 8	Motive preparation and previous or subsequent conduct.
Section. 9	Facts necessary to explain or introduce relevant facts.
Section. 10	Things said or done by conspirator in reference to common design.
Section. 11	When Facts not otherwise relevant become relevant.
Section. 12	In suits for damages, facts tending to enable Court to determine amount are relevant.
Section. 13	Facts relevant when right or custom is in question.
Section. 14	Facts showing existence of state of mind or of body or bodily feeling.
Section. 15	Facts bearing on question whether act was accidental or intentional.
Section. 16	Existence of course of business when relevant.
Section. 17	Admission defined.
Section. 18	Admission by party to proceeding or his agent.
Section. 19	Admissions by persons whose position must be proved as against party to suit.
Section. 20	Admission by persons expressly referred to by party suit.
Section. 21	Proof of admission against persons making them, and by or on their behalf.
Section. 22	When oral admission as to contents of documents are relevant.
Section. 22A	When oral admissions as to contents of electronic records are relevant.
Section. 23	Admission in Civil cases, when relevant.
Section. 24	Confession by inducement, threat or promise when irrelevant in criminal proceeding.
Section. 25	Confession to police officer not to be proved.
Section. 26	Confession by accused while in custody of police not to be proved against him.
Section. 27	How much of information received from accused may be proved.
Section. 28	Confession made after removal of impression causes by inducement, threat or promise, relevant.
Section. 29	Confession otherwise relevant not to become irrelevant because of promise of secretary etc.
Section. 30	Consideration of proved confession affecting person making it and others jointly under trail for same offence.
Section. 31	Admissions not conclusive proof but may stop.
Section. 32	Case in which statement of relevant fact by person who is deasd or cannot be found, etc. is relevant.
Section. 33	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
Section. 34	(Entries in books of account including those maintained in an electronic from) when relevant.
Section. 35	Relevancy of entry in public ( Record or an electronic record) made in performance of duty.
Section. 36	Relevancy of statements in maps, charts and plans.
Section. 37	Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
Section. 38	Relevancy of statements as to any law contained in law books.
Section. 39	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
Section. 40	Previous judgments relevant to bar a second suit or tail.
Section. 41	Relevancy of certain judgments in probate etc., jurisdiction.
Section. 42	Relevancy and effect of judgment, order or decrees, other than those mentioned in Section 41.
Section. 43	Judgment etc., other than those mentioned in Section 40 to 42 when relevant.
Section. 44	Fraud or collusion in obtaining judgment, or incompetence of Court may be proved.
Section. 45	Opinions of experts.
Section. 45A	Opinion of Examiner of Electronic Evidence.
Section. 46	Facts bearing upon opinions of experts.
Section. 47	Opinions as to handwriting, when relevant.
Section. 47A	Opinion as to digital signature when relevant.
Section. 48	Opinion as to existence of right or custom when relevant.
Section. 49	Opinion as to usages, tenants, etc., when relevant.
Section. 50	Opinion on relationship, when relevant.
Section. 51	Grounds of opinion when relevant.
Section. 52	In civil cases character to prove conduct imputed irrelevant.
Section. 53	In criminal cases, previous good character relevant.
Section. 53A	Evidence of character or previous sexual experience not relevant in certain cases.
Section. 54	Previous bad character not relevant except in reply.
Section. 55	Character as affecting damages.

Chapter. 3. Facts which need not be proved. (Section. 56 – 58)

Section. 56	Fact judicially noticeable need not be proved.
Section. 57	Facts of which Court must take judicial notice.
Section. 58	Facts admitted need not be proved.

Chapter. 4. Of oral evidence. (Section. 59 – 60)

Section. 59	Proof of facts by oral evidence.
Section. 60	Oral evidence must be direct.

Chapter. 5. Of documentary evidence. (Section. 61 – 90A)

Section. 61	Proof of contents of documents.
Section. 62	Primary evidence.
Section. 63	Secondary Evidence.
Section. 64	Proof of documents by primary evidence.
Section. 65	Cases in which secondary evidence relating to documents may be given.
Section. 65A	Special provisions as to evidence relating to electronic record.
Section. 65B	Admissibility of electronic records.
Section. 66	Rules as to notice to produce.
Section. 67	Proof of signature and handwriting of person alleged to have signed or written document produced.
Section. 67A	Proof as to digital signature.
Section. 68	Proof of execution of document required by law to be attested.
Section. 69	Proof where no attesting witness found.
Section. 70	Admission of execution by party to attested document.
Section. 71	Proof when attesting witness denies the execution.
Section. 72	Proof of document not required by law to be attested.
Section. 73	Comparison of signature, writing or seal with others admitted or proved.
Section. 73A	Proof as to verification of digital signature.
Section. 74	Public documents.
Section. 75	Private documents.
Section. 76	Certified copies of Public Documents.
Section. 77	Proof of documents by production of certified copies.
Section. 78	Proof of other official documents.
Section. 79	Presumption as to genuineness of certified copies.
Section. 80	Presumption as to documents produced as records of evidence.
Section. 81	Presumption as to Gazettes, newspapers, private Acts of parliament and other documents.
Section. 81A	Presumption as to Gazettes in electronic forms.
Section. 82	Presumption as to document admissible in England without proof of seal or signature.
Section. 83	Presumption as to Maps or Plans made by authority of Government.
Section. 84	Presumption as to collections of laws and reports of decisions.
Section. 85	Presumption as to powers of attorney.
Section. 85A	Presumption as to electronic agreements.
Section. 85B	Presumption as to electronic records and digital signatures.
Section. 85C	Presumption as to (Electronic Signature Certificates).
Section. 86	Presumption as to certified copies of foreign judicial records.
Section. 87	Presumption as to Books, Maps and Charts.
Section. 88	Presumption as to telegraphic messages.
Section. 88A	Presumption as to electronic messages.
Section. 89	Presumption as to due execution etc. of documents not produced.
Section. 90	Presumption as to documents thirty years old.
Section. 90A	Presumption as to electronic records five years old.

Chapter. 6. Of the exclusion of oral by documentary evidence.  (Section. 91 – 100)

Section. 91	Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents.
Section. 92	Exclusion of evidence of oral agreement.
Section. 93	Exclusion of evidence to explain or amend ambiguous document.
Section. 94	Exclusion of evidence against application of document of existing facts.
Section. 95	Evidence as to document unmeaning in reference to existing facts.
Section. 96	Evidence as to application of languages which can apply to one only of several persons.
Section. 97	Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies.
Section. 98	Evidence as to meaning of illegible characters, etc.
Section. 99	Who may give evidence of agreement varying term of document.
Section. 100	Saving of provisions of India Succession Act relating to Wills.

Chapter. 7. Of the Burden of Proof. (Section. 101 – 114A)

Section. 101	Burden of proof.
Section. 102	On whom burden of proof lies.
Section. 103	Burden of proof as to particular fact.
Section. 104	Burden of proving fact to be proved to make evidence admissible.
Section. 105	Burden of proving that case of accused comes within exceptions.
Section. 106	Burden of proving fact specially within knowledge.
Section. 107	Burden of proving death of person known to have been alive within thirty years.
Section. 108	Burden of proving that person is alive who has not been heard of for seven years.
Section. 109	Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent.
Section. 110	Burden of proof as to ownership.
Section. 111	Proof of good faith in transactions where one party is in relation of active confidence.
Section. 111A	Presumption as to certain offences.
Section. 112	Birth during marriage, conclusive proof of legitimacy.
Section. 113	Proof of cession of territory.
Section. 113A	Presumption as to abatement of suicide by a married woman.
Section. 113B	Presumption as to dowry death.
Section. 114	Court may presume existence of certain facts.
Section. 114A	Presumption as to absence of consent in certain prosecutions for rape.

Chapter. 8. Estoppel. (Section. 115 – 117)

Section. 115	Estoppel.
Section. 116	Estoppel of tenant and of license of person in possession.
Section. 117	Estoppel of acceptor of bill of exchange bailee or licensee

Chapter. 9. Of Witnesses. (Section. 118 – 134)

Section. 118	Who may testify.
Section. 119	Witness unable to communicate verbally.
Section. 120	Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trail.
Section. 121	Judges and Magistrates.
Section. 122	Communications during marriage.
Section. 123	Evidence as to affairs of State.
Section. 124	Official communications.
Section. 125	Information as to commission of offences.
Section. 126	Professional communications.
Section. 127	Section 126 to apply to interpreters etc.
Section. 128	Privilege not waived by volunteering evidence.
Section. 129	Confidential communication with Legal Advisers.
Section. 130	Production of title deeds of witness, not a party.
Section. 131	Production of documents or electronic records which another person, having possession, cold refuse to produce.
Section. 132	Witness not excused from answering on ground that answer will criminate.
Section. 133	Accomplice.
Section. 134	Number of witness.

Chapter. 10. Of the Examination of witnesses. (Section. 135 – 166)

Section. 135	Order of production and examination of witness.
Section. 136	Judge to decide as to admissibility of evidence.
Section. 137	Examination in chief.
Section. 138	Order of examinations.
Section. 139	Cross-examination of person called to produce a document.
Section. 140	Witness to character.
Section. 141	Leading questions.
Section. 142	When they must not be asked.
Section. 143	When they must be asked.
Section. 144	Evidence as to matters in writing.
Section. 145	Cross-examination as to previous statements in writing.
Section. 146	Questions Lawful in cross – examination.
Section. 147	When witness to be compelled to answer.
Section. 148	Court to decide when question shall be asked and when witness compelled to answer.
Section. 149	Question not to be asked without reasonable grounds.
Section. 150	Procedure of Court in case of question being asked without reasonable grounds.
Section. 151	Indecent and scandalous questions.
Section. 152	Question intended to insult or annoy.
Section. 153	Exclusion of evidence to contradict answer to questions testing veracity.
Section. 154	Question by party of his own witness.
Section. 155	Impeaching credit of witness.
Section. 156	Questions tending to corroborate evidence of relevant fact, admissible.
Section. 157	Former statements of witness may be proved to corroborate later testimony as to same fact.
Section. 158	What matters may be proved in connection with proved statement relevant under Section  32 or 33.
Section. 159	Refreshing memory.
Section. 160	Testimony to facts stated in document mentioned in Section 159.
Section. 161	Right of adverse party as to writing used to refresh memory.
Section. 162	Production of document.
Section. 163	Giving, as evidence, of document called for and produced on notice.
Section. 164	Using, as evidence, of document, production of which was refused on notice.
Section. 165	Judges power to put questions or order production.
Section. 166	Power of jury or assessors to put questions.

Chapter. 11. Of Improper admission and rejection of Evidence. (Section. 167)

Section. 167

No new trail for improper admission or rejection of evidence.