Indian Evidence Act

Indian Evidence Act, 1872

Act Description

The Indian Evidence Act, 1872 is a legislative framework that determines what evidence can be legally admitted, presented, and evaluated in Indian courts to establish facts in judicial proceedings.

Act Sections

SectionsParticulars
PREAMBLERead →
PART IRELEVANCY OF FACTS
CHAPTER IPRELIMINARY
SECTION 1Short title.Read →
SECTION 2Repeal of enactments.Read →
SECTION 3Interpretation-clause.Read →
SECTION 4“May presume”.Read →
CHAPTER IIOF THE RELEVANCY OF FACTS
SECTION 5Evidence may be given of facts in issue and relevant facts.Read →
SECTION 6Relevancy of facts forming part of same transaction.Read →
SECTION 7Facts which are the occasion, cause or effect of facts in issue.Read →
SECTION 8Motive, preparation and previous or subsequent conduct.Read →
SECTION 9Facts necessary to explain or introduce relevant facts.Read →
SECTION 10Things said or done by conspirator in reference to common design.Read →
SECTION 11When facts not otherwise relevant become relevant.Read →
SECTION 12In suits for damages, facts tending to enable Court to determine amount are relevant.Read →
SECTION 13Facts relevant when right or custom is in question.Read →
SECTION 14Facts showing existence of state of mind, or of body of bodily feeling.Read →
SECTION 15Facts bearing on question whether act was accidental or intentional.Read →
SECTION 16Existence of course of business when relevant.Read →
SUB-HEADINGADMISSIONS
SECTION 17Admission defined.Read →
SECTION 18Admission by party to proceeding or his agent.Read →
SECTION 19Admissions by persons whose position must be proved as against party to suit.Read →
SECTION 20Admissions by persons expressly referred to by party to suit.Read →
SECTION 21Proof of admissions against persons making them, and by or on their behalf.Read →
SECTION 22When oral admissions as to contents of documents are relevant.Read →
SECTION 22AWhen oral admission as to contents of electronic records are relevant.Read →
SECTION 23Admissions in civil cases when relevant.Read →
SECTION 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.Read →
SECTION 25Confession to police-officer not to be proved.Read →
SECTION 26Confession by accused while in custody of police not to be proved against him.Read →
SECTION 27How much of information received from accused may be proved.Read →
SECTION 28Confession made after removal of impression caused by inducement, threat or promise, relevant.Read →
SECTION 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.Read →
SECTION 30Consideration of proved confession affecting person making it and others jointly under trial for same offence.Read →
SECTION 31Admissions not conclusive proof, but may estop.Read →
SUB-HEADINGSTATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
SECTION 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.Read →
SECTION 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.Read →
SUB-HEADINGSTATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
SECTION 34Entries in books of account when relevant.Read →
SECTION 35Relevancy of entry in public record made in performance of duty.Read →
SECTION 36Relevancy of statements in maps, charts and plans.Read →
SECTION 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications.Read →
SECTION 38Relevancy of statements as to any law contained in law-books.Read →
SUB-HEADINGHOW MUCH OF A STATEMENT IS TO BE PROVED
SECTION 39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.Read →
SUB-HEADINGJUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
SECTION 40Previous judgments relevant to bar a second suit or trial.Read →
SECTION 41Relevancy of certain judgments in probate, etc., jurisdiction.Read →
SECTION 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.Read →
SECTION 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.Read →
SECTION 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.Read →
SECTION 45Opinions of experts.Read →
SECTION 45AOpinion of Examiner of Electronic Evidence.Read →
SECTION 46Facts bearing upon opinions of experts.Read →
SECTION 47Opinion as to hand-writing, when relevant.Read →
SECTION 47AOpinion as to digital signature, when relevant.Read →
SECTION 48Opinion as to existence of right or custom, when relevant.Read →
SECTION 49Opinion as to usages, tenets, etc., when relevant.Read →
SECTION 50Opinion on relationship, when relevant.Read →
SECTION 51Grounds of opinion, when relevant.Read →
SECTION 52In civil cases character to prove conduct imputed, irrelevant.Read →
SECTION 53In criminal cases previous good character relevant.Read →
SECTION 53AEvidence of character or previous sexual experience not relevant in certain cases.Read →
SECTION 54Previous bad character not relevant, except in reply.Read →
SECTION 55Character as affecting damages.Read →
PART II
CHAPTER IIIFACTS WHICH NEED NOT BE PROVED
SECTION 56Fact judicially noticeable need not be proved.Read →
SECTION 57Facts of which Court must take judicial notice.Read →
SECTION 58Facts admitted need not be proved.Read →
CHAPTER IVOF ORAL EVIDENCE
SECTION 59Proof of facts by oral evidence.Read →
SECTION 60Oral evidence must be direct.Read →
CHAPTER VOF DOCUMENTARY EVIDENCE
SECTION 61Proof of contents of documents.Read →
SECTION 62Primary evidence.Read →
SECTION 63Secondary evidence.Read →
SECTION 64Proof of documents by primary evidence.Read →
SECTION 65Cases in which secondary evidence relating to documents may be given.Read →
SECTION 65ASpecial provisions as to evidence relating to electronic record.Read →
SECTION 65BAdmissibility of electronic records.Read →
SECTION 66Rules as to notice to produce.Read →
SECTION 67Proof of signature and handwriting of person alleged to have signed or written document produced.Read →
SECTION 67AProof as to signature.Read →
SECTION 68Proof of execution of document required by law to be attested.Read →
SECTION 69Proof where no attesting witness found.Read →
SECTION 70Admission of execution by party to attested document.Read →
SECTION 71Proof when attesting witness denies the execution.Read →
SECTION 72Proof of document not required by law to be attested.Read →
SECTION 73Comparison of signature, writing or seal with others admitted or proved.Read →
SECTION 73AProof as to verification of digital signature.Read →
SECTION 74Public documents.Read →
SECTION 75Private documents.Read →
SECTION 76Certified copies of public documents.Read →
SECTION 77Proof of documents by production of certified copies.Read →
SECTION 78Proof of other official documents.Read →
SUB-HEADINGPRESUMPTIONS AS TO DOCUMENTS
SECTION 79Presumption as to genuineness of certified copies.Read →
SECTION 80Presumption as to documents produced as record of evidence.Read →
SECTION 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.Read →
SECTION 81APresumption as to Gazettes in electronic forms.Read →
SECTION 82Presumption as to document admissible in England without proof of seal or signature.Read →
SECTION 83Presumption as to maps or plans made by authority of Government.Read →
SECTION 84Presumption as to collections of laws and reports of decisions.Read →
SECTION 85Presumption as to powers-of-attorney.Read →
SECTION 85APresumption as to electronic agreements.Read →
SECTION 85BPresumption as to electronic records and electronic signatures.Read →
SECTION 85CPresumption as to Electronic Signature Certificates.Read →
SECTION 86Presumption as to certified copies of foreign judicial records.Read →
SECTION 87Presumption as to books, maps and charts.Read →
SECTION 88Presumption as to telegraphic messages.Read →
SECTION 88APresumption as to electronic messages.Read →
SECTION 89Presumption as to due execution, etc., of documents not produced.Read →
SECTION 90Presumption as to documents thirty years old.Read →
SECTION 90APresumption as to electronic records five years old.Read →
CHAPTER VIOF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
SECTION 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.Read →
SECTION 92Exclusion of evidence of oral agreement.Read →
SECTION 93Exclusion of evidence to explain or amend ambiguous document.Read →
SECTION 94Exclusion of evidence against application of document to existing facts.Read →
SECTION 95Evidence as to document unmeaning reference to existing facts.Read →
SECTION 96Evidence as to application of language which can apply to one only of several persons.Read →
SECTION 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.Read →
SECTION 98Evidence as to meaning of illegible characters, etc.Read →
SECTION 99Who may give evidence of agreement varying terms of document.Read →
SECTION 100Saving of provisions of Indian Succession Act relating to wills.Read →
PART IIIPRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VIIOF THE BURDEN OF PROOF
SECTION 101Burden of proof.Read →
SECTION 102On whom burden of proof lies.Read →
SECTION 103Burden of proof as to particular fact.Read →
SECTION 104Burden of proving fact to be proved to make evidence admissible.Read →
SECTION 105Burden of proving that case of accused comes within exceptions.Read →
SECTION 106Burden of proving fact especially within knowledge.Read →
SECTION 107Burden of proving death of person known to have been alive within thirty years.Read →
SECTION 108Burden of proving that person is alive who has not been heard of for seven years.Read →
SECTION 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.Read →
SECTION 110Burden of proof as to ownership.Read →
SECTION 111Proof of good faith in transactions where one party is in relation of active confidence.Read →
SECTION 111APresumption as to certain offences.Read →
SECTION 112Birth during marriage, conclusive proof of legitimacy.Read →
SECTION 113Proof of cession of territory.Read →
SECTION 113APresumption as to abetment of suicide by a married woman.Read →
SECTION 113BPresumption as to dowry death.Read →
SECTION 114Court may presume existence of certain facts.Read →
SECTION 114APresumption as to absence of consent in certain prosecution for rape.Read →
SUB-HEADINGSTATE AMENDMENTRead →
SECTION 114BPresumption as to offences committed under section 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A or section 509B of the Indian Penal Code, 1860.Read →
CHAPTER VIIIESTOPPEL
SECTION 115Estoppel.Read →
SECTION 116Estoppel of tenants and of licensee of person in possession.Read →
SECTION 117Estoppel of acceptor of bill of exchange, bailee or licensee.Read →
CHAPTER IXOF WITNESSES
SECTION 118Who may testify.Read →
SECTION 119Witness unable to communicate verbally.Read →
SECTION 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.Read →
SECTION 121Judges and Magistrates.Read →
SECTION 122Communications during marriage.Read →
SECTION 123Evidence as to affairs of State.Read →
SECTION 124Official communications.Read →
SECTION 125Information as to commission of offences.Read →
SECTION 126Professional communications.Read →
SECTION 127Section 126 to apply to interpreters, etc.Read →
SECTION 128Privilege not waived by volunteering evidence.Read →
SECTION 129Confidential communications with legal advisers.Read →
SECTION 130Production of title-deeds of witness not a party.Read →
SECTION 131Production of documents or electronic records which another person, having possession, could refuse to produce.Read →
SECTION 132Witness not excused from answering on ground that answer will criminate.Read →
SECTION 133Accomplice.Read →
SECTION 134Number of witnesses.Read →
CHAPTER XOF THE EXAMINATION OF WITNESSES
SECTION 135Order of production and examination of witnesses.Read →
SECTION 136Judge to decide as to admissibility of evidence.Read →
SECTION 137Examination-in-chief.Read →
SECTION 138Order of examinations.Read →
SECTION 139Cross-examination of person called to produce a document.Read →
SECTION 140Witnesses to character.Read →
SECTION 141Leading questions.Read →
SECTION 142When they must not be asked.Read →
SECTION 143When they may be asked.Read →
SECTION 144Evidence as to matters in writing.Read →
SECTION 145Cross-examination as to previous statements in writing.Read →
SECTION 146Questions lawful in cross-examination.Read →
SECTION 147When witness to be compelled to answer.Read →
SECTION 148Court to decide when question shall be asked and when witness compelled to answer.Read →
SECTION 149Question not to be asked without reasonable grounds.Read →
SECTION 150Procedure of Court in case of question being asked without reasonable grounds.Read →
SECTION 151Indecent and scandalous questions.Read →
SECTION 152Questions intended to insult or annoy.Read →
SECTION 153Exclusion of evidence to contradict answers to questions testing veracity.Read →
SECTION 154Question by party to his own witness.Read →
SECTION 155Impeaching credit of witness.Read →
SECTION 156Questions tending to corroborate evidence of relevant fact, admissible.Read →
SECTION 157Former statements of witness may be proved to corroborate later testimony as to same fact.Read →
SECTION 158What matters may be proved in connection with proved statement relevant under section 32 or 33.Read →
SECTION 159Refreshing memory.Read →
SECTION 160Testimony to facts stated in document mentioned in section 159.Read →
SECTION 161Right of adverse party as to writing used to refresh memory.Read →
SECTION 162Production of documents.Read →
SECTION 163Giving, as evidence, of document called for and produced on notice.Read →
SECTION 164Using, as evidence, of document production of which was refused on notice.Read →
SECTION 165Judge’s power to put questions or order production.Read →
SECTION 166Power of jury or assessors to put questions.Read →
CHAPTER XIOF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
SECTION 167No new trial for improper admission or rejection of evidence.Read →
SCHEDULE SCHEDULESchedule - Enactments repealedRead →

Note: For Reference only. Source: https://indiacode.gov.in/