Indian Evidence Act, 1872



w w w . L a w y e r S e r v i c e s . i n

Section
Section Title
  Preamble

PART I           RELEVANCY OF FACTS

CHAPTER I           Preliminary
  1 Short title, extent and commencement View Judgments
  2 [Repealed] View Judgments
  3 Interpretation clause View Judgments
  4 Interpretation clause (contd.) View Judgments

CHAPTER II           Of the relevancy of facts
  5 Evidence may be given of facts in issue and relevant facts View Judgments
  6 Relevancy of facts forming part of same transaction View Judgments
  7 Facts which are the occasion, cause or effect of facts in issue View Judgments
  8 Motive, preparation and previous or subsequent conduct View Judgments
  9 Facts necessary to explain or introduce relevant facts View Judgments
  10 Things said or done by conspirator in reference to common design View Judgments
  11 When facts not otherwise relevant become relevant View Judgments
  12 In suits for damages facts tending to enable Court to determine amount are relevant View Judgments
  13 Facts relevant when right or custom is in question View Judgments
  14 Facts showing existence of state of mind, or of body or bodily feeling View Judgments
  15 Facts bearing on question whether act was accidental or international View Judgments
  16 Existence of course of business when relevant View Judgments
  title Admissions View Judgments
  17 Admission defined View Judgments
  18 Admission by party to proceeding or his agent by suit or in representative character by party interested in subject-matter by person from whom interest derived View Judgments
  19 Admission by persons whose position must be proved as against party to suit View Judgments
  20 Admissions by person expressly referred to by party to suit View Judgments
  21 Proof of admissions against persons making them and by or on their behalf View Judgments
  22 When oral admissions as to contents of documents are relevant View Judgments
  23 Admissions in civil cases, when relevant View Judgments
  24 Confession caused by inducement, threat or promise when irrelevant in criminal proceeding View Judgments
  25 Confession to police officer not to be proved View Judgments
  26 Confession by accused while in custody of police not to be proved against him View Judgments
  27 How much of information received from accused may be proved View Judgments
  28 Confession made after removal of impression caused by inducement, threat or promise relevant View Judgments
  29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. View Judgments
  30 Consideration of proved confession affecting person making it and others jointly under trail for same offence View Judgments
  31 Admissions not conclusive proof, but may be stopped View Judgments
  Statements by persons who cannot be called as witnesses
  32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant View Judgments
  33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated View Judgments
  Statements made under special circumstances
  34 Entries in books of account when relevant View Judgments
  35 Relevancy of entry in public record, made in performance of duty View Judgments
  36 Relevancy of statements in maps, charts and plans View Judgments
  37 Relevancy of statement as to fact of public nature, contained in certain Acts or notifications View Judgments
  38 Relevancy of statements as to any law contained in law books View Judgments
  39 What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers View Judgments
  Judgments of courts of justice, when relevant
  40 Previous judgments relevant to bar a second suit or trail View Judgments
  41 Relevancy of certain judgments in probate, etc. jurisdiction View Judgments
  42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41 View Judgments
  43 Judgments, etc. other than those mentioned in Sections 40 to 42, when relevant View Judgments
  44 Fraud or collusion in obtaining judgment, or incompetence of Court, may be proved View Judgments
  Opinion of third persons, when relevant
  45 Opinions of experts View Judgments
  46 Facts bearing upon opinions of experts View Judgments
  47 Opinion as to handwriting, when relevant View Judgments
  48 Opinion as to existence of right or custom, when relevant View Judgments
  49 Opinion as to usage View Judgments
  50 Opinion on relationship, when relevant View Judgments
  51 Grounds of opinion, when relevant View Judgments
  Character when relevant
  52 In civil cases, character to prove conduct imputed irrelevant View Judgments
  53 In criminal cases, previous good character relevant View Judgments
  54 Previous bad character not relevant, except in reply View Judgments
  55 Character as affecting damages View Judgments

PART II           ON PROOF

CHAPTER III           Facts which need not be proved
  56 Facts judicially noticeable need not be proved View Judgments
  57 Facts of which Court must take judicial notice View Judgments
  58 Facts admitted need not be proved View Judgments

CHAPTER IV           Of oral evidence
  59 Proof of facts by oral evidence View Judgments
  60 Oral evidence must be direct View Judgments

CHAPTER V           Of documentary evidence
  61 Proof of contents of documents View Judgments
  62 Primary evidence View Judgments
  63 Secondary evidence View Judgments
  64 Proof of documents by primary evidence View Judgments
  65 Cases in which secondary evidence relating to documents may be given View Judgments
  66 Rules as to notice to produce View Judgments
  67 Proof of signature and handwriting of person alleged to have signed or written document produced View Judgments
  68 Proof of execution of document required by law to be attested View Judgments
  69 Proof where not attesting witness found View Judgments
  70 Admission of execution by party to attested document View Judgments
  71 Proof when attesting witness denies the execution View Judgments
  72 Proof of document not required by law to be attested View Judgments
  73 Comparison of signature, writing or seal with others admitted or proved View Judgments
  Public Documents
  74 Public documents View Judgments
  75 Private documents View Judgments
  76 Certified copies of public documents View Judgments
  77 Proof of documents by production of certified copies View Judgments
  78 Proof of other official documents View Judgments
  79 Presumption as to genuineness of certified copies View Judgments
  80 Presumption as to documents produced as record of evidence View Judgments
  81 Presumption as to Gazetteers newspapers, private Act of Parliament and other documents View Judgments
  82 Presumption as to document admissible in England without proof of seal or signature View Judgments
  83 Presumption as to maps or plans made by authority of Government View Judgments
  84 Presumption as to collections of laws and reports of decisions View Judgments
  85 Presumption as to powers of attorney View Judgments
  86 Presumption as to certified copies of foreign judicial records View Judgments
  87 Presumption as to books, maps and charts View Judgments
  88 Presumption as to telegraphic messages View Judgments
  89 Presumption as to due execution, etc., of document not produced View Judgments
  90 Presumption as to documents thirty years old View Judgments
  90A Presumption Document custody in court View Judgments

CHAPTER VI           Of the exclusion of oral by documentary evidence
  91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document View Judgments
  92 Exclusion of evidence of oral agreement View Judgments
  93 Exclusion of evidence to explain or amend ambiguous document View Judgments
  94 Execution of evidence against application document to existing facts View Judgments
  95 Evidence as to document unmeaning in reference to existing facts View Judgments
  96 Evidence as to application of language which can apply to one only of several persons View Judgments
  97 Evidence as to application language to one of two set of facts, to neither of which the whole correctly applies View Judgments
  98 Evidence as to meaning of illegible characters, etc. View Judgments
  99 Who may give evidence of agreement varying terms of document View Judgments
  100 Saving of provisions of Indian Succession Act relating to wills View Judgments

PART III           PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII           Of the burden of proof
  101 Burden of proof View Judgments
  102 On whom burden of proof lies View Judgments
  103 Burden of proof as to particular fact View Judgments
  104 Burden of proving fact to be proved to make evidence admissible View Judgments
  105 Burden of proving that case of accused comes within exceptions View Judgments
  106 Burden of proving fact especially within knowledge View Judgments
  107 Burden of proving death of person know to have been alive within thirty years View Judgments
  108 Burden of proving that person is alive who has not been heard of for seven years View Judgments
  109 Burden of proof as to relationship in the cases of partners, landlords and tenant, principal and agent View Judgments
  110 Burden of proof as to ownership View Judgments
  111 Proof of good faith in transaction where one party View Judgments
  111A Presumption as to certain offences View Judgments
  112 Birth during marriage, conclusive proof of legitimacy View Judgments
  113 Proof of cession of territory View Judgments
  113A Presumption as to abetment of suicide by a married woman View Judgments
  113B Presumption as to dowry death View Judgments
  114 Court may presume existence of certain facts View Judgments
  114A Presumption as to absence of consent in certain prosecutions for rape View Judgments

CHAPTER VIII           Estoppel
  115 Estoppel View Judgments
  116 Estoppel of tenant and of licensee of person in communications View Judgments
  117 Estoppel of acceptor of bill of exchange, bailee or licensee View Judgments

CHAPTER IX           Of witnesses
  118 Who may testify View Judgments
  119 Dumb witness View Judgments
  120 Parties to civil suit and their wives or husband-Husband or wife of person under criminal trial View Judgments
  121 Judges and Magistrates View Judgments
  122 Communications during marriage View Judgments
  123 Evidence as to affairs of State View Judgments
  124 Official communications View Judgments
  125 Information as to commission of offences View Judgments
  126 Professional communications View Judgments
  127 Section 126 to apply to interpreters, etc. View Judgments
  128 Privilege not waived by volunteering evidence View Judgments
  129 Confidential communications with legal advisers View Judgments
  130 Production of title-deeds of witness not party View Judgments
  131 Production of documents which another person, having possession, could refuse to produce View Judgments
  132 Witness not excused from answering on ground that answer will criminate View Judgments
  133 Accomplice View Judgments
  134 Number of witnesses View Judgments

CHAPTER X           Of the examination of witnesses
  135 Order of production and examination of witnesses View Judgments
  136 Judge to decide as to admissibility of evidence View Judgments
  137 Examination-in-chief View Judgments
  138 Order of examinations View Judgments
  139 Cross-examination of person called to produce a document View Judgments
  140 Witnesses to character View Judgments
  141 Leading questions View Judgments
  142 When they may not be asked View Judgments
  143 When they may be asked View Judgments
  144 Evidence as to matters in writing View Judgments
  145 Cross-examination as to previous statements in writing View Judgments
  146 Questions lawful in cross-examination View Judgments
  147 When witness to be compelled to answer View Judgments
  148 Court to decide when question shall be asked and when witness compelled to answer View Judgments
  149 Question not to be asked without reasonable grounds View Judgments
  150 Procedure of Court in case of question being asked without reasonable grounds View Judgments
  151 Indecent and scandalous questions View Judgments
  152 Questions intended to insult or annoy View Judgments
  153 Exclusion of evidence to contradict answer to questions testing veracity View Judgments
  154 Question by party to his own witness View Judgments
  155 Impeaching credit of witness View Judgments
  156 Questions tending to corroborate evidence of relevant fact, admissible View Judgments
  157 Former statements of witness may be proved to corroborate later testimony as to same fact View Judgments
  158 What matters may be proved in connection with proved statement relevant under section 32 or 33 View Judgments
  159 Refreshing memory -When witness may use copy of document to refresh memory View Judgments
  160 Testimony to facts stated in document mentioned in Section 159 View Judgments
  161 Right of adverse party as to writing used to refresh memory View Judgments
  162 Production of documents -Translation of documents View Judgments
  163 Giving, as evidence of document called for and produced on notice View Judgments
  164 Using, as evidence, of document, production of which was refused on notice View Judgments
  165 Judge View Judgments
  166 Power of jury or assessors to put questions View Judgments

CHAPTER XI           Of improper admission and rejection of evidence
  167 No new trail for improper admission or rejection of evidence View Judgments
  The Schedule. [Repealed].