The Indian Evidence Act, 1872
IEACENTRAL ACT
Act Number
1
Enactment
1872-03-15
State
Chhattisgarh
CHAPTER I.--PRELIMINARY
CHAPTER II.--OF THE RELEVANCY OF FACTS
Section 5Evidence may be given of facts in issue and relevant facts.Section 6Relevancy of facts forming part of same transaction.Section 7Facts which are the occasion, cause or effect of facts in issue.Section 8Motive, preparation and previous or subsequent conduct.Section 9Facts necessary to explain or introduce relevant facts.Section 10Things said or done by conspirator in reference to common design.Section 11When facts not otherwise relevant become relevant.Section 12In suits for damages, facts tending to enable Court to determine amount are relevant.Section 13Facts relevant when right or custom is in question.Section 14Facts showing existence of state of mind, or of body, or bodily feeling.Section 15Facts bearing on question whether act was accidental or intentional.Section 16Existence of course of business when relevant.
ADMISSIONS
Section 17Admission defined.Section 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.Section 19Admissions by persons whose position must be proved as against party to suit.Section 20Admissions by persons expressly referred to by party to suit.Section 21Proof of admissions against persons making them, and by or on their behalf.Section 22When oral admissions as to contents of documents are relevant.Section 22AWhen oral admission as to contents of electronic records are relevant.Section 23Admissions in civil cases when relevant.Section 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.Section 25Confession to police-officer not to be proved.Section 26Confession by accused while in custody of Police not to be proved against him.Section 27How much of information received from accused, may be proved.Section 28Confession made after removal of impression caused by inducement, threat or promise, relevant.Section 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.Section 30Consideration of proved confession affecting person making it and others jointly under trial for same offence.Section 31Admissions not conclusive proof, but may estop.
STATEMENTS 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. 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 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
Section 34Entries in books of account when relevant.Section 35Relevancy of entry in public record made in performance of duty.Section 36Relevancy of statements in maps, charts and plans.Section 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications.Section 38Relevancy of statements as to any law contained in law-books.
HOW MUCH OF A STATEMENT IS TO BE PROVED
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
Section 40Previous judgments relevant to bar a second suit or trial.Section 41Relevancy of certain judgments in probate, etc., jurisdiction.Section 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.Section 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.Section 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
Section 45Opinions of experts.Section 45AOpinion of Examiner of Electronic Evidence.Section 46Facts bearing upon opinions of experts.Section 47Opinion as to handwriting, when relevant.Section 47AOpinion as to digital signature, when relevant.Section 48Opinion as to existence of right or custom, when relevant.Section 49Opinion as to usages, tenets, etc., when relevant.Section 50Opinion on relationship, when relevant.Section 51Grounds of opinion, when relevant.
CHARACTER WHEN RELEVANT
Section 52In civil cases character to prove conduct imputed, irrelevant.Section 53In criminal cases previous good character relevant.Section 53AEvidence of character or previous sexual experience not relevant in certain cases.Section 54Previous bad character not relevant, except in reply.Section 55Character as affecting damages.
CHAPTER III.--FACTS WHICH NEED NOT BE PROVED
CHAPTER IV.--OF ORAL EVIDENCE
CHAPTER V.--OF DOCUMENTARY EVIDENCE
Section 61Proof of contents of documents.Section 62Primary evidence.Section 63Secondary evidence.Section 64Proof of documents by primary evidence.Section 65Cases in which secondary evidence relating to documents may be given.Section 65ASpecial provisions as to evidence relating to electronic record.Section 65BAdmissibility of electronic records.Section 66Rules as to notice to produce.Section 67Proof of signature and handwriting of person alleged to have signed or written document produced.Section 67AProof as to electronic signature.Section 68Proof of execution of document required by law to be attested.Section 69Proof where no attesting witness found.Section 70Admission of execution by party to attested document.Section 71Proof when attesting witness denies the execution.Section 72Proof of document not required by law to be attested.Section 73Comparison of signature, writing or seal with others admitted or proved.Section 73AProof as to verification of digital signature.
PUBLIC DOCUMENTS
PRESUMPTIONS AS TO DOCUMENTS
Section 79Presumption as to genuineness of certified copies.Section 80Presumption as to documents produced as record of evidence.Section 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.Section 81APresumption as to Gazettes in electronic forms.Section 82Presumption as to document admissible in England without proof of seal or signature.Section 83Presumption as to maps or plans made by authority of Government.Section 84Presumption as to collections of laws and reports of decisions.Section 85Presumptions as to powers-of-attorney.Section 85APresumption as to electronic agreements.Section 85BPresumption as to electronic records and electronic signatures.Section 85CPresumption as to Electronic Signature Certificates.Section 86Presumption as to certified copies of foreign judicial records.Section 87Presumption as to books, maps and charts.Section 88Presumption as to telegraphic messages.Section 88APresumption as to electronic messages.Section 89Presumption as to due execution, etc., of documents not produced.Section 90Presumption as to documents thirty years old.Section 90APresumption as to electronic records five years old.
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Section 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.Section 92Exclusion of evidence of oral agreement.Section 93Exclusion of evidence to explain or amend ambiguous document.Section 94Exclusion of evidence against application of document to existing facts.Section 95Evidence as to document unmeaning in reference to existing facts.Section 96Evidence as to application of language which can apply to one only of several persons.Section 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.Section 98Evidence as to meaning of illegible characters, etc.Section 99Who may give evidence of agreement varying terms of document.Section 100Saving of provisions of Indian Succession Act relating to wills.
CHAPTER VII.--OF THE BURDEN OF PROOF
Section 101Burden of proof.Section 102On whom burden of proof lies.Section 103Burden of proof as to particular fact.Section 104Burden of proving fact to be proved to make evidence admissible.Section 105Burden of proving that case of accused comes within exceptions.Section 106Burden of proving fact especially within knowledge.Section 107Burden of proving death of person known to have been alive within thirty years.Section 108Burden of proving that person is alive who has not been heard of for seven years.Section 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.Section 110Burden of proof as to ownership.Section 111Proof of good faith in transactions where one party is in relation of active confidence.Section 111APresumption as to certain offences.Section 112Birth during marriage, conclusive proof of legitimacy.Section 113Proof of cession of territory.Section 113APresumption as to abetment of suicide by a married woman.Section 113BPresumption as to dowry death.Section 114Court may presume existence of certain facts.Section 114APresumption as to absence of consent in certain prosecution for rape
CHAPTER VIII.--ESTOPPEL
CHAPTER IX.--OF WITNESSES
Section 118Who may testify.Section 119Witness unable to communicate verbally.Section 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.Section 121Judges and Magistrates.Section 122Communications during marriage.Section 123Evidence as to affairs of State.Section 124Official communications.Section 125Information as to commission of offences.Section 126Professional communications.Section 127Section 126 to apply to interpreters, etc.Section 128Privilege not waived by volunteering evidence.Section 129Confidential communications with legal advisers.Section 130Production of title-deeds of witness not a party.Section 131Production of documents or electronic records which another person, having possession, could refuse to produce.Section 132Witness not excused from answering on ground that answer will criminate.Section 133Accomplice.Section 134Number of witnesses.
CHAPTER X.--OF THE EXAMINATION OF WITNESSES
Section 135Order of production and examination of witnesses.Section 136Judge to decide as to admissibility of evidence.Section 137Examination-in-chief.Section 138Order of examinations.Section 139Cross-examination of person called to produce a document.Section 140Witnesses to character.Section 141Leading questions.Section 142When they must not be asked.Section 143When they may be asked.Section 144Evidence as to matters in writing.Section 145Cross-examination as to previous statements in writing.Section 146Questions lawful in cross-examination.Section 147When witness to be compelled to answer.Section 148Court to decide when question shall be asked and when witness compelled to answer.Section 149Question not to be asked without reasonable grounds.Section 150Procedure of Court in case of question being asked without reasonable grounds.Section 151Indecent and scandalous questions.Section 152Questions intended to insult or annoy.Section 153Exclusion of evidence to contradict answers to questions testing veracity.Section 154Question by party to his own witness.Section 155Impeaching credit of witness.Section 156Questions tending to corroborate evidence of relevant fact, admissible.Section 157Former statements of witness may be proved to corroborate later testimony as to same fact.Section 158What matters may be proved in connection with proved statement relevant under section 32 or 33.Section 159Refreshing memory.Section 160Testimony to facts stated in document mentioned in section159.Section 161Right of adverse party as to writing used to refresh memory.Section 162Production of documents.Section 163Giving, as evidence, of document called for and produced on notice.Section 164Using, as evidence, of document production of which was refused on notice.Section 165Judge?s power to put questions or order production.Section 166Power of jury or assessors to put questions.