Bare Acts

The Indian Evidence Act, 1872

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Act Details

Act Number:

Act Year:

1872

Location:

Chhattisgarh

Enactment Date:

3/15/1872

Enforcement Date:

01-09-1872

Department:

Department of LAW AND LEGISLATIVE AFFAIRS

All Section List (IEA)

CHAPTER I.--PRELIMINARY

Section 1 to Section 4

Section 1

Short title.

Section 2

[Repealed.].

Section 3

Interpretation-clause.

Section 4

May Presume. Shall presume.Conclusive proof

CHAPTER II.--OF THE RELEVANCY OF FACTS

Section 5 to Section 16

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.

ADMISSIONS

Section 17 to Section 31

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.

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

Section 32 to Section 33

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.

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Section 34 to Section 38

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.

HOW MUCH OF A STATEMENT IS TO BE PROVED

Section 39

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

Section 40 to Section 44

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.

OPINIONS OF THIRD PERSONS WHEN RELEVANT

Section 45 to Section 51

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.

CHARACTER WHEN RELEVANT

Section 52 to Section 55

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.

CHAPTER III.--FACTS WHICH NEED NOT BE PROVED

Section 56 to Section 58

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.

CHAPTER IV.--OF ORAL EVIDENCE

Section 59 to Section 60

Section 59

Proof of facts by oral evidence.

Section 60

Oral evidence must be direct.

CHAPTER V.--OF DOCUMENTARY EVIDENCE

Section 61 to Section 73A

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.

PUBLIC DOCUMENTS

Section 74 to Section 78

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.

PRESUMPTIONS AS TO DOCUMENTS

Section 79 to Section 90A

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.

CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

Section 91 to Section 100

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.

CHAPTER VII.--OF THE BURDEN OF PROOF

Section 101 to Section 114A

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

CHAPTER VIII.--ESTOPPEL

Section 115 to Section 117

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.

CHAPTER IX.--OF WITNESSES

Section 118 to Section 134

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.

CHAPTER X.--OF THE EXAMINATION OF WITNESSES

Section 135 to Section 166

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.

CHAPTER XI.--OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

Section 167

No new trial for improper admission or rejection of evidence.