Indian Evidence Act, 1872
Bare Act · 1872
In the syllabus of: AIBE · Andhra Pradesh APO · Andhra Pradesh Civil Judge · Arunachal Pradesh Civil Judge · Assam Civil Judge · Bihar APO · Bihar Civil Judge · Bihar Higher Judiciary · CG APO · CG Civil Judge · Delhi APO · Delhi Civil Judge · Delhi Higher Judiciary · Goa APO · Gujarat Civil Judge · Haryana APO · Haryana Civil Judge · HP Civil Judge · J&K Civil Judge · Jharkhand APO · Jharkhand Civil Judge · Karnataka Civil Judge · Kerala APO · Kerala Civil Judge · Maharashtra Civil Judge · Manipur APO · Meghalaya APO · MP APO · MP Civil Judge · MP Higher Judiciary · Odisha APO · Odisha Civil Judge · Punjab APO · Punjab Civil Judge · Rajasthan APO · Rajasthan Civil Judge · Rajasthan Higher Judiciary · Rajasthan JLO · Rajasthan Protection Officer · RIICO JLO · Tamil Nadu APO · Tamil Nadu Civil Judge · Telangana APO · Telangana Civil Judge · Telangana Higher Judiciary · UP APO · UP Civil Judge · UP Higher Judiciary · Uttarakhand APO · Uttarakhand Civil Judge · West Bengal Civil Judge · All State APO exams · All State Higher Judiciary exams · All State Civil Judge exams
Repealed: Repealed by the Bharatiya Sakshya Adhiniyam, 2023 with effect from 1 July 2024; it continues to apply to proceedings pending on that date.
Old law ↔ new law: Evidence Act → BSA section-wise table
- Contents
- 185 sections · 11 chapters
Free to read: the full English text of every section.
Contents
Chapter I — ––preliminary
- Section 1 – Short title Extent. Commencement of Act.
- Section 2 – [Repealed.]
- Section 3 – Interpretation-clause “Court.” “Fact.” “Relevant.” “Facts in issue. ” “Document.” “Evidence.” “Proved.” “Disproved.” “Not proved.” “India.”
- Section 4 – “May Presume.” “Shall presume.” “Conclusive proof.”
Chapter II — ––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 – 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
- 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.
- 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
- 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 – 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
- 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 – 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 – 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.
Chapter V — — 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 – 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 – 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 – 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 – 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 – 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 IX — —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 Proviso.
- Section 133 – Accomplice
- Section 134 – Number of witnesses
Chapter X — ––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 Cross-examination. Re-examination.
- Section 138 – Order of examinations Direction of re-examination.
- 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 When witness may use copy of document to refresh 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 Translation 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