Indian Evidence Act, 1872
Central · 1872
Repealed — see The Bharatiya Sakshya Adhiniyam, 2023 (from 2024-07-01).
Chapter PART 1
- S. 1Short title, extent and Commencement.--
- S. 2Repeal of enactments.--
- S. 3Interpretation clause.--
- S. 4"May presume".--
- S. 5Evidence may be given of facts in issue and relevant facts.--
- S. 6Relevancy of facts forming part of same transaction.--
- S. 7Facts which are the occasion, cause or effect of facts in issue.--
- S. 8Motive, preparation and previous or subsequent conduct.--
- S. 9Facts necessary to explain or introduce relevant facts.--
- S. 10Things said or done by conspirator in reference to common design.--
- S. 11When facts not otherwise relevant become relevant.--
- S. 12In suits for damages, facts tending to enable Court to determine amount are relevant.--
- S. 13Facts relevant when right or custom is in question.--
- S. 14Facts showing existence of state of mind, or of body, of bodily feeling.--
- S. 15Facts bearing on question whether act was accidental or intentional.--
- S. 16Existence of course of business when relevant.--
- S. 17Admission defined.--
- S. 18Admission by party to proceeding or his agent.--
- S. 19Admissions by persons whose position must be proved as against party to suit.--
- S. 20Admissions by persons expressly referred to by party to suit.--
- S. 21Proof of admissions against persons making them, and by or on their behalf.--
- S. 22When oral admissions as to contents of documents are relevant.--
- S. 22AWhen oral admission as to contents of electronic records are relevant.--
- S. 23Admissions in civil cases when relevant.--
- S. 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.--
- S. 25Confession to police-officer not to be proved.--
- S. 26Confession by accused while in custody of police not to be proved against him.--
- S. 27How much of information received from accused may be proved.--
- S. 28Confession made after removal of impression caused by inducement, threat or promise, relevant.--
- S. 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.--
- S. 30Consideration of proved confession affecting person making it and others jointly under trial for same offence.--
- S. 31Admissions not conclusive proof, but may estop.--
- S. 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.-
- S. 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.--
- S. 34[Entries in books of account including those maintained in an electronic form] when relevant.--
- S. 35Relevancy of entry in public record made in performance of duty.--
- S. 36Relevancy of statements in maps, charts and plans.--
- S. 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications.--
- S. 38Relevancy of statements as to any law contained in law-books.--
- S. 39[What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.--
- S. 40Previous judgments relevant to bar a second suit or trial.--
- S. 41Relevancy of certain judgments in probate, etc., jurisdiction.--
- S. 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.--
- S. 43Judgments, etc., other than those mentioned in sections 40 to 42, when relevant.--
- S. 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.--
- S. 45Opinions of experts.--
- S. 45AOpinion of Examiner of Electronic Evidence
- S. 46Facts bearing upon opinions of experts.--
- S. 47Opinion as to hand-writing, when relevant.--
- S. 47A[Opinion as to digital signature when relevant.--
- S. 48Opinion as to existence of right or custom, when relevant.--
- S. 49Opinion as to usages, tenets, etc., when relevant.--
- S. 50Opinion on relationship, when relevant.--
- S. 51Grounds of opinion, when relevant.--
- S. 52In civil cases character to prove conduct imputed, irrelevant.--
- S. 53In criminal cases previous good character relevant.--
- S. 53A[Evidence of character or previous sexual experience not relevant in certain cases
- S. 54Previous bad character not relevant, except in reply.--
- S. 55Character as affecting damages.--
Chapter PART II
- S. 56Fact judicially noticeable need not be proved.--
- S. 57Facts of which Court must take judicial notice.--
- S. 58Facts admitted need not be proved.--
- S. 59Proof of facts by oral evidence.--
- S. 60Oral evidence must be direct.--
- S. 61Proof of contents of documents.--
- S. 62Primary evidence.--
- S. 63Secondary evidence.--
- S. 64Proof of documents by primary evidence.--
- S. 65Cases in which secondary evidence relating to documents may be given.--
- S. 65ASpecial provisions as to evidence relating to electronic record.--
- S. 65BAdmissibility of electronic records.--
- S. 66Rules as to notice to produce.--
- S. 67Proof of signature and handwriting of person alleged to have signed or written document produced--
- S. 67AProof as to digital signature.--
- S. 68Proof of execution of document required by law to be attested.--
- S. 69Proof where no attesting witness found.--
- S. 70Admission of execution by party to attested document.--
- S. 71Proof when attesting witness denies the execution.--
- S. 72Proof of document not required by law to be attested.--
- S. 73Comparison of signature, writing or seal with others admitted or proved.--
- S. 73A[Proof as to verification of digital signature.--
- S. 74Public documents.--
- S. 75Private documents.--
- S. 76Certified copies of public documents.--
- S. 77Proof of documents by production of certified copies.--
- S. 78Proof of other official documents.--
- S. 79Presumption as to genuineness of certified copies.--
- S. 80Presumption as to documents produced as record of evidence.--
- S. 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.--
- S. 81APresumption as to Gazettes in electronic forms.--
- S. 82Presumption as to document admissible in England without proof of seal or signature.--
- S. 83Presumption as to maps or plans made by authority of Government.--
- S. 84Presumption as to collections of laws and reports of decisions.--
- S. 85Presumption as to powers-of-attorney.--
- S. 85APresumption as to electronic agreements.--
- S. 85BPresumption as to electronic records and digital signatures.--
- S. 85CPresumption as to [Electronic Signature Certificate].--
- S. 86Presumption as to certified copies of foreign judicial records.--
- S. 87Presumption as to books, maps and charts.--
- S. 88Presumption as to telegraphic messages.--
- S. 88A[Presumption as to electronic messages.--
- S. 89Presumption as to due execution, etc., of documents not produced.--
- S. 90Presumption as to documents thirty years old.--
- S. 90APresumption as to electronic records five years old.--
- S. 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.--
- S. 92Exclusion of evidence of oral agreement.--
- S. 93Exclusion of evidence to explain or amend ambiguous document.--
- S. 94Exclusion of evidence against application of document to existing facts.--
- S. 95Evidence as to document unmeaning in reference to existing facts.--
- S. 96Evidence as to application of language which can apply to one only of several persons.--
- S. 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.--
- S. 98Evidence as to meaning of illegible characters, etc.--
- S. 99Who may give evidence of agreement varying terms of document.--
- S. 100Saving of provisions of Indian Succession Act relating to wills.--
Chapter PART III
- S. 101Burden of proof.--
- S. 102On whom burden of proof lies.--
- S. 103Burden of proof as to particular fact.--
- S. 104Burden of proving fact to be proved to make evidence admissible.--
- S. 105Burden of proving that case of accused comes within exceptions.--
- S. 106Burden of proving fact especially within knowledge.--
- S. 107Burden of proving death of person known to have been alive within thirty years.--
- S. 108Burden of proving that person is alive who has not been heard of for seven years.--
- S. 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.--
- S. 110Burden of proof as to ownership.--
- S. 111Proof of good faith in transactions where one party is in relation of active confidence.--
- S. 111APresumption as to certain offences.--
- S. 112Birth during marriage, conclusive proof of legitimacy.--
- S. 113Proof of cession of territory.--
- S. 113APresumption as to abetment of suicide by a married woman.--
- S. 113BPresumption as to dowry death.--
- S. 114Court may presume existence of certain facts.--
- S. 114A[Presumption as to absence of consent in certain prosecution for rape.--
- S. 115Estoppel.--
- S. 116Estoppel of tenant; and of licensee of person in possession.--
- S. 117Estoppel of acceptor of bill of exchange, bailee or licensee.-
- S. 118Who may testify.--
- S. 119[Witness unable to communicate verbally
- S. 120Parties to civil suit, and their wives or husbands, Husband or wife of person under criminal trial.--
- S. 121Judges and Magistrates.--
- S. 122Communications during marriage.--
- S. 123Evidence as to affairs of State.--
- S. 124Official communications.--
- S. 125Information as to commission of offences.--
- S. 126Professional communications.--
- S. 127Section 126 to apply to interpreters, etc.--
- S. 128Privilege not waived by volunteering evidence.--
- S. 129Confidential communications with legal advisers.--
- S. 130Production of title-deeds of witness not a party.--
- S. 131Production of documents or electronic records which another person having possession, could refuse to produce.--
- S. 132Witness not excused from answering on ground that answer will criminate.--
- S. 133Accomplice.--
- S. 134Number of witnesses.--
- S. 135Order of production and examination of witnesses.--
- S. 136Judge to decide as to admissibility of evidence.--
- S. 137Examination-in-chief.--
- S. 138Order of examinations.--
- S. 139Cross-examination of person called to produce a document.--
- S. 140Witnesses to character.--
- S. 141Leading questions.--
- S. 142When they must not be asked.--
- S. 143When they may be asked.--
- S. 144Evidence as to matters in writing.--
- S. 145Cross-examination as to previous statements in writing.--
- S. 146Questions lawful in cross-examination.--
- S. 147When witness to be compelled to answer.--
- S. 148Court to decide when question shall be asked and when witness compelled to answer.--
- S. 149Question not to be asked without reasonable grounds.--
- S. 150Procedure of Court in case of question being asked without reasonable grounds.--
- S. 151Indecent and scandalous questions.--
- S. 152Questions intended to insult or annoy.--
- S. 153Exclusion of evidence to contradict answers to questions testing veracity.--
- S. 154Question by party to his own witness.--
- S. 155Impeaching credit of witness.--
- S. 156Questions tending to corroborate evidence of relevant fact, admissible.--
- S. 157Former statements of witness may be proved to corroborate later testimony as to same fact.--
- S. 158What matters may be proved in connection with proved statement relevant under section 32 or 33.--
- S. 159Refreshing memory.--
- S. 160Testimony to facts stated in document mentioned in section 159.--
- S. 161Right of adverse party as to writing used to refresh memory.--
- S. 162Production of documents.--
- S. 163Giving, as evidence, of document called for and produced on notice.--
- S. 164Using, as evidence, of document production of which was refused on notice.--
- S. 165Judge's power to put questions or order production.--
- S. 166Power of jury or assessors to put questions.--
- S. 167No new trial for improper admission or rejection of evidence.--