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,

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

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

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

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


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


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


Section. 59

Proof of facts by oral

Section. 60

Oral evidence must be


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


Section. 61

Proof of contents of

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

Section. 67

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

Section. 67A

Proof as to digital

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

Section. 77

Proof of documents by
production of certified copies.

Section. 78

Proof of other official

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

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

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

Section. 110

Burden of proof as to

Section. 111

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

Section. 111A

Presumption as to certain

Section. 112

Birth during marriage,
conclusive proof of legitimacy.

Section. 113

Proof of cession of

Section. 113A

Presumption as to abatement
of suicide by a married woman.

Section. 113B

Presumption as to dowry

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


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

Section. 123

Evidence as to affairs of

Section. 124

Official communications.

Section. 125

Information as to
commission of offences.

Section. 126


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

Section. 132

Witness not excused from
answering on ground that answer will criminate.

Section. 133


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

Section. 143

When they must be asked.

Section. 144

Evidence as to matters in

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

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

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.




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