Acts › Indian Evidence Act, 1872Indian Evidence Act, 1872 185 sections.
Open in Lexace · Ask the AI Section 1 — Short title. Section 2 — [Repealed.]. Section 3 — Interpretation-clause. Section 4 — May Presume. Shall presume.Conclusive proof 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 the 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; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived. Section 19 — Admissions by persons whose position must be proved as against party to suit. Section 20 — Admissions by persons expressly referred to by party to suit. Section 21 — Proof of admissions against persons making them, and by or on their behalf. Section 22 — When oral admissions as to contents of documents are relevant. Section 22A — When oral admission as to contents of electronic records are relevant. Section 23 — Admissions in civil cases when relevant. Section 24 — Confession caused 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 caused by inducement, threat or promise, relevant. Section 29 — Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Section 30 — Consideration of proved confession affecting person making it and others jointly under trial for same offence. Section 31 — Admissions not conclusive proof, but may estop. Section 32 — Cases 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. Section 33 — Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Section 34 — Entries in books of account when relevant. Section 35 — Relevancy of entry in public 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 trial. Section 41 — Relevancy of certain judgments in probate, etc., jurisdiction. Section 42 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. Section 43 — Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. Section 44 — Fraud or collusion in obtaining judgment, or incompetency 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 — Opinion 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, tenets, etc., when relevant. Section 50 — Opinion on relationship, when relevant. Section 51 — Grounds of opinion, when relevant. 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 damages. 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 proved. Section 59 — Proof of facts by oral evidence. Section 60 — Oral evidence must be direct. Section 61 — Proof of contents of documents. 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 produce. Section 67 — Proof of signature and handwriting of person alleged to have signed or written document produced. Section 67A — Proof as to electronic signature. 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 documents. Section 77 — Proof of documents by production of certified copies. Section 78 — Proof of other official documents. Section 79 — Presumption as to genuineness of certified copies. Section 80 — Presumption as to documents produced as record 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 — Presumptions as to powers-of-attorney. Section 85A — Presumption as to electronic agreements. Section 85B — Presumption as to electronic records and electronic 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. Section 91 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. 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 to existing facts. Section 95 — Evidence as to document unmeaning in reference to existing facts. Section 96 — Evidence as to application of language 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 terms of document. Section 100 — Saving of provisions of Indian Succession Act relating to wills. Section 101 — Burden of proof. Section 102 — On whom burden of proof lies. 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 especially 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 cases of partners, landlord and tenant, principal and agent. Section 110 — Burden of proof as to ownership. Section 111 — Proof of good faith in transactions where one party is in relation of active confidence. Section 111A — Presumption as to certain offences. Section 112 — Birth during marriage, conclusive proof of legitimacy. Section 113 — Proof of cession of territory. Section 113A — Presumption as to abetment of suicide by a married woman. Section 113B — Presumption as to dowry death. Section 114 — Court may presume existence of certain facts. Section 114A — Presumption as to absence of consent in certain prosecution for rape Section 115 — Estoppel. Section 116 — Estoppel of tenants and of licensee of person in possession. Section 117 — Estoppel of acceptor of bill of exchange, bailee or licensee. 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 trial. Section 121 — Judges and Magistrates. Section 122 — Communications during marriage. Section 123 — Evidence as to affairs of State. Section 124 — Official communications. Section 125 — Information as to commission of offences. Section 126 — Professional communications. Section 127 — Section 126 to apply to interpreters, etc. Section 128 — Privilege not waived by volunteering evidence. Section 129 — Confidential communications 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, could refuse to produce. Section 132 — Witness not excused from answering on ground that answer will criminate. Section 133 — Accomplice. Section 134 — Number of witnesses. Section 135 — Order of production and examination of witnesses. 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 — Witnesses to character. Section 141 — Leading questions. Section 142 — When they must not be asked. Section 143 — When they may be asked. Section 144 — Evidence as to matters in writing. 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 questions. Section 152 — Questions intended to insult or annoy. Section 153 — Exclusion of evidence to contradict answers to questions testing veracity. Section 154 — Question by party to his own witness. Section 155 — Impeaching credit of witness. Section 156 — Questions 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 section159. Section 161 — Right of adverse party as to writing used to refresh memory. Section 162 — Production of documents. 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 — Judge’s power to put questions or order production. Section 166 — Power of jury or assessors to put questions. Section 167 — No new trial for improper admission or rejection of evidence. Lexace India is a legal-information & technology platform — not a law firm. 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