The indian evidence act, 1872

rajasthan · 1872

S. 1Short title.
S. 2[Repealed.].
S. 3Interpretation-clause.
S. 4May Presume. Shall presume.Conclusive proof
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, or 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; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived.
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. 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.
S. 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
S. 34Entries in books of account 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. 39What 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, 41 and 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 handwriting, when relevant.
S. 47AOpinion 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. 53AEvidence 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.
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 electronic 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. 73AProof 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. 85Presumptions as to powers-of-attorney.
S. 85APresumption as to electronic agreements.
S. 85BPresumption as to electronic records and electronic signatures.
S. 85CPresumption as to Electronic Signature Certificates.
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. 88APresumption 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.
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. 114APresumption as to absence of consent in certain prosecution for rape
S. 115Estoppel.
S. 116Estoppel of tenants and of licensee of person in possession.
S. 117Estoppel of acceptor of bill of exchange, bailee or licensee.
S. 118Who may testify.
S. 119Witness 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 section159.
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.