Indian Evidence Act, 1872: Sections, Repeal & Savings

Indian Evidence Act, 1872 - Legacy Section Links

The links below are retained for historical research and for matters covered by the repeal-and-savings provision. For proceedings governed by the law in force from 1 July 2024, consult the Bharatiya Sakshya Adhiniyam, 2023.

• Section 3 of Indian Evidence Act 1872 - Interpretation Clause
• Section 4 of Indian Evidence Act 1872 - May Presume
• Section 5 of India Evidence Act 1872 - Evidence may be given of facts in issue and relevant facts
• Section 6 of Indian Evidence Act 1872 Relevancy of facts forming part of same transaction
• Section 7 of Indian Evidence Act 1872 Facts which are the occasion, cause or effect of facts in issue
• Section 8 of Indian Evidence Act 1872 Motive, preparation and previous or subsequent conduct
• Section 9 of Indian Evidence Act 1872 Facts necessary to explain or introduce relevant facts
• Section 10 of Indian Evidence Act 1872 Things said or done by conspirator in reference to common design
• Section 11 of Indian Evidence Act 1872 when facts not otherwise relevant become relevant
• Section 12 and 13 of Indian Evidence Act 1872 In suits for damages, facts tending to enable Court to determine amount are relevant? What is Facts relevant when right or custom is in question
• Section 14 of Indian Evidence Act 1872 Facts showing existence of state of mind, or of body or bodily feeling
• Section 15 of Indian Evidence Act 1872 Facts bearing on question whether act was accidental or intentional
• Section 16 and 17 of Indian Evidence Act 1872 Existence of course of business when relevant Admission defined
• Section 18 of Indian Evidence Act 1872 Admission- by party to proceeding or his agent
• Section 19 and 20 of Indian Evidence Act 1872 Admissions by persons whose position must be proved as against party to suit Admissions by persons expressly referred to by party to suit
• Section 21 of Indian Evidence Act 1872 Proof of admissions against persons making them, and by or on their behalf
• Section 22, 22A and 23 of Indian Evidence Act 1872 When oral admissions as to contents of documents are relevant? When oral admission as to contents of electronic records are relevant? What is admission in civil cases?
• Section 24 of Indian Evidence Act 1872 Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
• Section 25 and 26 of Indian Evidence Act 1872 Confession to police officer not to be proved? Is confession by accused while in custody of police not to be proved against him
• Section 27 and 28 of Indian Evidence Act 1872 How much of information received from accused may be proved? Confession made after removal of impression caused by inducement, threat or promise, relevant
• Section 29 and 30 of Indian Evidence Act 1872 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Consideration of proved confession affecting person making it and others jointly under trial for same offence.
• Section 31 and 32 of Indian Evidence Act 1872 admission not conclusive proof, but may estop, Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant
• Section 33 of Indian Evidence Act 1872 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
• Section 34 and 35 of Indian Evidence Act 1872 Entries in books of account when relevant, Relevancy of entry in public record made in performance of duty
• Section 36 and 37 of Indian Evidence Act 1872 Relevancy of statements in maps, charts and plans, Relevancy of statement as to fact of public nature, contained in certain acts or notifications
• Section 38 and 39 of Indian Evidence Act 1872 Relevancy of statements as to any law contained in law-books, evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
• What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction? Section 40 and 41 of Indian Evidence Act 1872
• Section 42 of Indian Evidence Act 1872 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
• Section 43 of Indian Evidence Act 1872 Judgment, etc., other than those mentioned in sections 40 to 42, when relevant
• Section 44 and 45 of Indian Evidence Act 1872 Fraud or collusion in obtaining judgment, or in competency of Court, may be proved, Opinions of experts
• Section 46, 47 and 47a of Indian Evidence Act 1872 Facts bearing upon opinions of experts, Opinion as to handwriting, when relevant? What is Opinion as to digital signature where relevant
• Section 48, 49 and 50 of Indian Evidence Act 1872 What is opinion as to existence of right or custom, when relevant, opinion as to usage, tenets, etc., when relevant, opinion on relationship, when relevant
• Section 52 and 53 of Indian Evidence Act 1872 meaning - In civil cases character to prove conduct imputed, irrelevant, In criminal cases previous good character relevant
• Section 54 and 55 of Indian Evidence Act 1872 Previous bad character not relevant, except in reply, Character as affecting damages
• Section 56 and 57 of Indian Evidence Act 1872 Meaning Fact Judicially noticeable need not be proved, Facts of which Court must take judicial notice
• Section 58, 59 and 60 of Indian Evidence Act 1872 Facts admitted need not be proved, Proof of facts by oral evidence? Oral evidence must be direct
• Section 61, 62 and 63 of Indian Evidence Act 1872 Proof of contents of documents, Primary evidence, Secondary evidence
• Section 64 and 65 of Indian Evidence Act 1872, Proof of documents by primary evidence, Cases in which secondary evidence relating to documents may be given?
• Section 65A and 65B of Indian Evidence Act 1872 Special provisions as to evidence relating to electronic record, Admissibility of electronic records
• Section 66 and 67 of Indian Evidence Act 1872 Rules as to notice to produce, Proof of signature and handwriting of person alleged to have signed or written document produced
• Section 67A and 68 of Indian Evidence Act 1872, Proof as to digital signature, Proof of execution of document required by law to be attested
• Section 69 and 70 of Indian Evidence Act 1872 Proof where no attesting witness found, What is admission of execution by party to attested document
• Section 71 and 72 of Indian Evidence Act 1872, Proof when attesting witness denies the execution, Proof of document not required by law to be attested
• Section 73 and 73a of Indian Evidence Act 1872 Comparison of signature, writing or seal with others admitted or proved, Proofs as to verification of digital signature
• Section 74, 75 and 76 of Indian Evidence Act 1872, Public documents, Private documents, Certified copies of public documents
• Section 77 and 78 of Indian Evidence Act 1872 Proof of documents by production of certified copies, What is Proof of other official documents
• Section 79 and 80 of Indian Evidence Act 1872 Presumption as to genuineness of certified copies, Presumption as to documents produced as record of evidence
• Section 81 and 81a of Indian Evidence Act 1872 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents, What is Presumption as to Gazettes in electronic forms
• Section 82 and 83 of Indian Evidence Act 1872 Presumption as to document admissible in England without proof of seal or signature Presumption as to maps or plans made by authority of Government
• Section 84 and 85 of Indian Evidence Act 1872 Presumption as to collections of laws and reports of decisions, Presumption as to powers-of-attorney
• Section 85A, 85B and 85C of Indian Evidence Act 1872, Presumption as to electronic agreements? What is Presumption as to electronic record and digital signatures, Presumption as to Digital Signature Certificates
• Section 86 and 87 of Indian Evidence Act 1872 Presumption as to certified copies of foreign judicial records, Presumption as to books, maps and charts
• Section 88 and 88a of Indian Evidence Act 1872 Presumption as to books, maps and charts, Presumption as to electronic messages
• Section 89, 90 and 90a of Indian Evidence Act 1872 Presumption as to due execution, etc., of documents not produced, Presumption as to documents thirty years old, Presumption as to electronic records five year old
• Section 91 of Indian Evidence Act 1872 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
• Section 92 of Indian Evidence Act 1872 Exclusion of evidence of oral agreement
• Section 93 and 94 of Indian Evidence Act 1872 Exclusion of evidence to explain or amend ambiguous document, Exclusion of evidence against application of document to existing facts
• Section 95 and 96 of Indian Evidence Act 1872 Evidence as to document unmeaning in reference to existing facts, Evidence as to application of language which can apply to one only of several persons
• Section 97 and 98 of Indian Evidence Act 1872 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies, Evidence as to meaning of illegible characters, etc
• Section 96 and 100 of Indian Evidence Act 1872 Who may give evidence of agreement varying terms of document, Saving of provisions of Indian Succession Act, relating to wills
• Section 101 and 102 of Indian Evidence Act 1872 What is Burden of proof, On whom burden of proof lies
• Section 103 and 104 of Indian Evidence Act 1872 Burden of proof as to particular fact, Burden of proving fact to be proved to make evidence admissible
• Section 105 and 106 of Indian Evidence Act 1872 Burden of proving that case of accused comes within exceptions, Burden of proving fact especially within knowledge
• Section 107 and 108 of Indian Evidence Act 1872 Burden of proving death of person known to have been alive within thirty years Burden of proving that person is alive who has not been heard of for seven years
• Section 109 and 110 of Indian Evidence Act 1872 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent, Burden of proof as to ownership
• Section 111 and 111A of Indian Evidence Act 1872 Proof of good faith in transactions where one party is in relation of active confidence, Presumption as to certain offences
• Section 112, 113 and 113A of Indian Evidence Act 1872 Birth during marriage, conclusive proof of legitimacy, Proof of cession of territory, Presumption as to abetment of suicide by a married women
• Section 113B, 114 and 114A of Indian Evidence Act 1872 Presumption as to dowry death, Meaning Court may presume existence of certain acts, Presumption as to absence of consent in certain prosecutions for rape
• Estoppel of acceptor of bill of exchange, bailee or licensee? Section 115, 116 and 117 of Indian Evidence Act 1872 Estoppel, Estoppel of tenant; and of license of person in possession
• Section 118, 119 and 120 of Indian Evidence Act 1872 Who may testify, Dumb witnesses Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial
• Section 121 and 122 of Indian Evidence Act 1872 Judges and Magistrates, Communications during marriage
• Section 123, 124 and 125 of Indian Evidence Act 1872, Evidence as to affairs of State, Official communications, Information as to commission of offences
• Section 126, 127 and 128 of Indian Evidence Act 1872 Professional communication, Section 126 to apply to interpreters etc, Privilege not waived by volunteering evidence
• Section 129 and 130 of Indian Evidence Act 1872 Confidential communications with legal advisers, Production of title-deeds of witness not a party
• Section 131 and 132 of Indian Evidence Act 1872 Production of documents or electronic records which another person, having possession, could refuse to produce, witness not excused from answering on ground that answer will criminate
• Section 133, 134 and 135 of Indian Evidence Act 1872 Accomplice, Number of witnesses, Order of production and examination of witnesses
• Section 136, 137 and 138 of Indian Evidence Act 1872 Judge to decide as to admissibility of evidence, Examination in chief, Order of examinations
• Section 139, 140 and 141 of Indian Evidence Act 1872 Cross examination of person called to produce a document, Witnesses to character, Leading questions
• Section 142, 143 and 144 of Indian Evidence Act 1872 When they must not be asked, When they may be asked, Evidence as to matters in writing
• Section 145, 146 and 147 of Indian Evidence Act 1872 Cross examination as to previous Statements in writing, Questions lawful in cross-examination, Witness to be compelled to answer
• Section 148 and 149 of Indian Evidence Act 1872 meaning of Court to decide when question shall be asked and when witness compelled to answer, Question not to be asked without reasonable grounds
• Section 150 and 151 of Indian Evidence Act 1872 Procedure of Court in case of question being asked without reasonable grounds, Indecent and scandalous questions
• Section 152 and 153 of Indian Evidence Act 1872 Questions intended to insult or annoy, Exclusion of evidence to contradict answers to questions testing veracity
• Section 154, 155 and 156 of Indian Evidence Act 1872 Question by party to his own witness, Impeaching credit of witness, Questions tending to corroborate evidence of relevant fact, admissible
• Section 157 and 158 of Indian Evidence Act 1872 Former statements of witness may be proved to corroborate later testimony as to same fact, matters may be proved in connection with proved statement relevant under section 32 or 33
• Section 159 and 160 of Indian Evidence Act 1872 Refreshing memory, Testimony to facts stated in document mentioned in section 159
• Section 161, 162 and 163 of Indian Evidence Act 1872 Right of adverse party as to writing used to refresh memory, Productions of documents, Giving, as evidence, of document called for and produced on notice
• Section 164 and 165 of Indian Evidence Act 1872 Using, as evidence, of document production of which was refused on notice, Judge's power to put questions or order production
• Section 166 and 167 of Indian Evidence Act 1872 What is Power of jury or assessors to put questions, Meaning of No new trial for improper admission or rejection or evidence