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Table of Contents
Content
Preamble 1 -
THE INDIAN EVIDENCE ACT, 1872
Part 1 -
RELEVANCY OF FACTS
Chapter 1 -
PRELIMINARY
Section 1 -
Short title, extent and Commencement
Section 2 -
Repeal of enactments
Section 3 -
Interpretation clause
Section 4 -
May presume, Shall presume, Conclusive proof
Chapter 2 -
OF THE RELEVANCY OF FACTS
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 to 31 -
Admissions
Section 17 -
Admission defined
Section 18 -
Admission by party to proceeding or his agent by suitor in representative character
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 to 33 -
Statements by persons who cannot be called as witnesses
Section 32 -
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Section 33 -
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Section 34 to 38 -
Statements made under special circumstances
Section 34 -
Entries in books of account including those maintained in an electronic form when relevant
Section 35 -
Relevancy of entry in public record or an electronic record made in performance of duty
Section 36 -
Relevancy of statements in maps, charts and plans
Section 37 -
Relevancy of statement as to fact to 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 to 44 -
Judgments of Courts of justice, when relevant
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 to 42, when relevant
Section 44 -
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45 to 51 -
Opinions of third persons when relevant
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 electronic 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 to 55 -
Character 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
Part 2 -
ON PROOF
Chapter 3 -
FACTS WHICH NEED NOT BE PROVED
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 4 -
OF ORAL EVIDENCE
Section 59 -
Proof of facts by oral evidence
Section 60 -
Oral evidence must be direct
Chapter 5 -
OF DOCUMENTARY EVIDENCE
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 to 78 -
Public Documents
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 to 90A -
Presumptions as to 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 -
Presumption as to power-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 6 -
OF THE EXCLUSION OF ORAL OR DOCUMENTARY EVIDENCE
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 term of document
Section 100 -
Saving of provisions of Indian Succession Act relating to wills
Part 3 -
PRODUCTION AND EFFECT OF EVIDENCE
Chapter 7 -
OF THE BURDEN OF PROOF
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 8 -
ESTOPPEL
Section 115 -
Estoppel
Section 116 -
Estoppel of tenant; and of licensee of person in possession
Section 117 -
Estoppel of acceptor of bill of exchange, bailee or licensee
Chapter 9 -
OF WITNESSES
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 10 -
OF THE EXAMINATION 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 -
Question 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 section 159
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 11 -
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 167 -
No new trial for improper admission or rejection of evidence
Schedule -
SCHEDULE [REPEALED]
Amending Act 1 -
INDIAN EVIDENCE (AMENDMENT) ACT, 2002
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