The Indian Evidence Act, 1872
(Act no. 1 of 1872)
- 1. Short title, extent and commencement
- 10. Things said or done by conspirator in reference to common design
- 100. Saving of provisions of India Succession Act relating to Wills.
- 101. Burden of Proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact.
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact specially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years.
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent
- 11. When Facts not otherwise relevant become relevant
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence.
- 111A. Presumption as to certain offences
- 112. Birth during marriage, conclusive proof of legitimacy
- 113. Proof of cession of territory
- 113A. Presumption as to abatement of suicide by a married women
- 113B. Presumption as to dowry death
- 114-A Presumption as to absence of consent in certain prosecutions for rape
- 114. Court may presume existence of certain facts
- 115. Estoppel
- 116. Estoppel of tenant and of license of person in possession
- 117. Estoppel of acceptor of bill of exchange, bailee or licensee
- 118. Who may testify?
- 119. Dumb witnesses
- 12. In suits for damages, facts tending to enable Court to determine amount are relevant
- 120. Parties to civil suit, and their wives or husbands - Husband or wife of person under criminal trial
- 121. Judges and Magistrate
- 122. Communications during marriage
- 123. Evidence as to affairs of State
- 124. Official communications
- 125. Information as to commission of offences
- 126. Professional communications
- 127. Section 126 to apply to interpreters etc
- 128. Privilege not waived by volunteering evidence
- 129. Confidential communication with Legal Advisers
- 13. Facts relevant when right or custom is in question
- 130. Production of title-deeds of witness, not a party
- 131. Production of documents which another person, having possession, could refuse to produce
- 133. Accomplice
- 134. Number of witness
- 135. Order of production and examination of witness
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 14. Facts showing existence of state of mind or of body or bodily feeling
- 140. Witness to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they must be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 15. Facts bearing on question whether act was accidental or intentional
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Question intended to insult or annoy
- 153. Exclusion of evidence to contradict answer to questions testing veracity
- 154. Question by party of his own witness
- 155. Impeaching credit of witness
- 156. Questions tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under Section 32 or 33
- 159. Refreshing memory
- 16. Existence of course of business when relevant
- 160. Testimony to facts stated in document mentioned in Section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of document
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document, production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of jury or assessors to put questions
- 167. No new trail for improper admission or rejection of evidence
- 17. Admission defined
- 18. Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter;
- 19. Admissions by persons whose position must be proved as against party to suit
- 2. [Repeal of enactment.] Rep. By the Repealing Act,1938 (1 of 1938), S.2 and Sch.
- 20. Admission by persons expressly referred to by party to suit
- 21. Proof of admission against persons making them, and by or on their behalf
- 22. When oral admission as to contents of documents are relevant
- 23. Admission in Civil cases, when relevant
- 24. Confession by inducement, threat or promise when irrelevant in criminal proceeding
- 25. Confession to police officer not to be proved -
- 26. Confession by accused while in custody of police not to be proved against him
- 27. How much of information received from accused may be proved
- 28. Confession made after removal of impression caused by inducement, threat or promise, relevant
- 29. Confession otherwise relevant not to become irrelevant because of promise of secretary etc.
- 3. Interpretation clause
- 30. Consideration of proved confession affecting person making it and others jointly under trail for same offence
- 31. Admissions not conclusive proof but may estop
- 32. Case in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant
- 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
- 34. Entries in books of account when relevant
- 35. Relevancy of entry in public record, made in performance of duty
- 36. Relevancy of statements in maps, charts and plans
- 37. Relevancy of statements as to fact of public nature contained in certain Acts or notifications
- 38. Relevancy of statements as to any law contained in law books
- 39. What evidence to be given when statement forms part of a conversation, documents, books or series of letters or papers
- 4. "May presume"
- 40. Previous judgments relevant to bar a second suit or trail
- 41. Relevancy of certain judgments in probate etc., jurisdiction
- 42. Relevancy and effect of judgment, order or decrees, other than those mentioned in Section 41
- 43. Judgment etc., other than those mentioned in Section 40 to 42 when relevant
- 44. Fraud or collusion in obtaining judgment, or incompetence of Court may be proved
- 45. Opinions of experts
- 46. Facts bearing upon opinions of experts
- 47. Opinions as to handwriting, when relevant
- 48. Opinion as to existence of right or custom when relevant
- 49. Opinion as to usage's, tenants, etc., when relevant
- 5. Evidence may be given of facts in issue and relevant facts
- 50. Opinion on relationship, when relevant
- 51. Grounds of opinion when relevant
- 52. In civil cases character to prove conduct imputed irrelevant
- 53. In criminal cases, previous good character relevant
- 54. Previous bad character not relevant except in reply
- 55. Character as affecting damages
- 56. Fact judicially noticeable need not be proved
- 57. Facts of which Court must take judicial notice
- 58. Facts admitted need not be proved
- 59. Proof of facts by oral evidence
- 6. Relevancy of facts forming part of same transaction
- 60. Oral evidence must be direct
- 61. Proof of contents of documents
- 62. Primary evidence
- 63. Secondary Evidence
- 64. Proof of documents by primary evidence
- 65. Cases in which secondary evidence relating to documents may be given
- 66. Rules as to notice to produce
- 67. Proof of signature and handwriting of person alleged to have signed or written document produced
- 68. Proof of execution of document required by law to be attested
- 69. Proof where no attesting witness found
- 7. Facts which are occasion, cause or effect of facts in issue
- 70. Admission of execution by party to attested document
- 71. Proof when attesting witness denies the execution
- 72. Proof of document not required by law to be attested
- 73. Comparison of signature, writing or seal with others admitted or proved
- 74. Public documents
- 75. Private documents
- 76. Certified copies of Public Documents
- 77. Proof of documents by production of certified copies
- 78. Proof of other official documents
- 79. Presumption as to genuineness of certified copies
- 8. Motive preparation and previous or subsequent conduct
- 80. Presumption as to documents produced as records of evidence
- 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 82. Presumption as to document admissible in England without proof of seal or signature
- 83. Presumption as to Maps or Plans made by authority of Government
- 84. Presumption as to collections of laws and reports of decisions
- 85. Presumption as to powers of attorney
- 86. Presumption as to certified copies of foreign judicial records
- 87. Presumption as to Books, Maps and Charts
- 88. Presumption as to Telegraphic Messages
- 89. Presumption as to due execution etc., of documents not produced
- 9. Facts necessary to explain or introduce relevant facts
- 90-A
- 90. Presumption as to documents thirty years old
- 91. Evidence of terms of contracts, grant and other dispositions of property reduced to form of document
- 92. Exclusion of evidence or oral agreement
- 93. Exclusion of evidence to explain or amend ambiguous document
- 94. Exclusion of evidence against application of document of existing facts.
- 95. Evidence as to document unmeaning in reference to existing facts.
- 96. Evidence as to application of languages which can apply to one only of several persons
- 97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
- 98. Evidence as to meaning of illegible character, etc.
- 99. Who may give evidence of agreement varying terms of document
- PREAMBLE
- THE SCHEDULE








