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Bare Acts
/ IEA
The Indian Evidence Act, 1872
IEA · 1872 · no longer in force
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Part I
RELEVANCY OF FACTS
Ch. I
PRELIMINARY
Ch. II
OF THE RELEVANCY OF FACTS
Part II
ON PROOF
Ch. III
FACTS WHICH NEED NOT BE PROVED
Ch. IV
OF ORAL EVIDENCE
Ch. V
OF DOCUMENTARY EVIDENCE
Ch. VI
OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Part III
PRODUCTION AND EFFECT OF EVIDENCE
Ch. VII
OF THE BURDEN OF PROOF
Ch. VIII
ESTOPPEL
Ch. IX
OF WITNESSES
Ch. X
OF THE EXAMINATION OF WITNESSES
Ch. XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Part I
· RELEVANCY OF FACTS
Ch. I
· PRELIMINARY
s. 1
Short title
s. 2
Repeal of enactments.
s. 3
Interpretation-clause
s. 4
“May presume”
Ch. II
· OF THE RELEVANCY OF FACTS
s. 5
Evidence may be given of facts in issue and relevant facts
s. 6
Relevancy of facts forming part of same transaction
s. 7
Facts which are the occasion, cause or effect of facts in issue
s. 8
Motive, preparation and previous or subsequent conduct
s. 9
Facts necessary to explain or introduce relevant facts
s. 10
Things said or done by conspirator in reference to common design
s. 11
When facts not otherwise relevant become relevant
s. 12
In suits for damages, facts tending to enable Court to determine amount are relevant
s. 13
Facts relevant when right or custom is in question
s. 14
Facts showing existence of state of mind, or of body of bodily feeling
s. 15
Facts bearing on question whether act was accidental or intentional
s. 16
Existence of course of business when relevant
s. 17
Admission defined
s. 18
Admission––by party to proceeding or his agent
s. 19
Admissions by persons whose position must be proved as against party to suit
s. 20
Admissions by persons expressly referred to by party to suit
s. 21
Proof of admissions against persons making them, and by or on their behalf
s. 22
When oral admissions as to contents of documents are relevant
s. 22A
When oral admission as to contents of electronic records are relevant
s. 23
Admissions in civil cases when relevant
s. 24
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
s. 25
Confession to police-officer not to be proved
s. 26
Confession by accused while in custody of police not to be proved against him
s. 27
How much of information received from accused may be proved
s. 28
Confession made after removal of impression caused by inducement, threat or promise, relevant
s. 29
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
s. 30
Consideration of proved confession affecting person making it and others jointly under trial for same offence
s. 31
Admissions not conclusive proof, but may estop
s. 32
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
s. 33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
s. 34
Entries in books of account when relevant
s. 35
Relevancy of entry in public record made in performance of duty
s. 36
Relevancy of statements in maps, charts and plans
s. 37
Relevancy of statement as to fact of public nature contained in certain Acts or notifications
s. 38
Relevancy of statements as to any law contained in law-books
s. 39
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
s. 40
Previous judgments relevant to bar a second suit or trial
s. 41
Relevancy of certain judgments in probate, etc., jurisdiction
s. 42
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
s. 43
Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
s. 44
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
s. 45
Opinions of experts
s. 45A
Opinion of Examiner of Electronic Evidence
s. 46
Facts bearing upon opinions of experts
s. 47
Opinion as to hand-writing, when relevant
s. 47A
Opinion as to digital signature, when relevant
s. 48
Opinion as to existence of right or custom, when relevant
s. 49
Opinion as to usages, tenets, etc., when relevant
s. 50
Opinion on relationship, when relevant
s. 51
Grounds of opinion, when relevant
s. 52
In civil cases character to prove conduct imputed, irrelevant
s. 53
In criminal cases previous good character relevant
s. 53A
Evidence of character or previous sexual experience not relevant in certain cases
s. 54
Previous bad character not relevant, except in reply
s. 55
Character as affecting damages
Part II
· ON PROOF
Ch. III
· FACTS WHICH NEED NOT BE PROVED
s. 56
Fact judicially noticeable need not be proved
s. 57
Facts of which Court must take judicial notice
s. 58
Facts admitted need not be proved
Ch. IV
· OF ORAL EVIDENCE
s. 59
Proof of facts by oral evidence
s. 60
Oral evidence must be direct
Ch. V
· OF DOCUMENTARY EVIDENCE
s. 61
Proof of contents of documents
s. 62
Primary evidence
s. 63
Secondary evidence
s. 64
Proof of documents by primary evidence
s. 65
Cases in which secondary evidence relating to documents may be given
s. 65A
Special provisions as to evidence relating to electronic record
s. 65B
Admissibility of electronic records
s. 66
Rules as to notice to produce
s. 67
Proof of signature and handwriting of person alleged to have signed or written document produced
s. 67A
Proof as to electronic signature
s. 68
Proof of execution of document required by law to be attested
s. 69
Proof where no attesting witness found
s. 70
Admission of execution by party to attested document
s. 71
Proof when attesting witness denies the execution
s. 72
Proof of document not required by law to be attested
s. 73
Comparison of signature, writing or seal with others admitted or proved
s. 73A
Proof as to verification of digital signature
s. 74
Public documents
s. 75
Private documents
s. 76
Certified copies of public documents
s. 77
Proof of documents by production of certified copies
s. 78
Proof of other official documents
s. 79
Presumption as to genuineness of certified copies
s. 80
Presumption as to documents produced as record of evidence
s. 81
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
s. 81A
Presumption as to Gazettes in electronic forms
s. 82
Presumption as to document admissible in England without proof of seal or signature
s. 83
Presumption as to maps or plans made by authority of Government
s. 84
Presumption as to collections of laws and reports of decisions
s. 85
Presumption as to powers-of-attorney
s. 85A
Presumption as to electronic agreements
s. 85B
Presumption as to electronic records and electronic signatures
s. 85C
Presumption as to Electronic Signature Certificates
s. 86
Presumption as to certified copies of foreign judicial records
s. 87
Presumption as to books, maps and charts
s. 88
Presumption as to telegraphic messages
s. 88A
Presumption as to electronic messages
s. 89
Presumption as to due execution, etc., of documents not produced
s. 90
Presumption as to documents thirty years old
s. 90A
Presumption as to electronic records five years old
Ch. VI
· OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
s. 91
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
s. 92
Exclusion of evidence of oral agreement
s. 93
Exclusion of evidence to explain or amend ambiguous document
s. 94
Exclusion of evidence against application of document to existing facts
s. 95
Evidence as to document unmeaning in reference to existing facts
s. 96
Evidence as to application of language which can apply to one only of several persons
s. 97
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
s. 98
Evidence as to meaning of illegible characters, etc
s. 99
Who may give evidence of agreement varying terms of document
s. 100
Saving of provisions of Indian Succession Act relating to wills
Part III
· PRODUCTION AND EFFECT OF EVIDENCE
Ch. VII
· OF THE BURDEN OF PROOF
s. 101
Burden of proof
s. 102
On whom burden of proof lies
s. 103
Burden of proof as to particular fact
s. 104
Burden of proving fact to be proved to make evidence admissible
s. 105
Burden of proving that case of accused comes within exceptions
s. 106
Burden of proving fact especially within knowledge
s. 107
Burden of proving death of person known to have been alive within thirty years
s. 108
Burden of proving that person is alive who has not been heard of for seven years
s. 109
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
s. 110
Burden of proof as to ownership
s. 111
Proof of good faith in transactions where one party is in relation of active confidence
s. 111A
Presumption as to certain offences
s. 112
Birth during marriage, conclusive proof of legitimacy
s. 113
Proof of cession of territory
s. 113A
Presumption as to abetment of suicide by a married woman
s. 113B
Presumption as to dowry death
s. 114
Court may presume existence of certain facts
s. 114A
Presumption as to absence of consent in certain prosecution for rape
Ch. VIII
· ESTOPPEL
s. 115
Estoppel
s. 116
Estoppel of tenants and of licensee of person in possession
s. 117
Estoppel of acceptor of bill of exchange, bailee or licensee
Ch. IX
· OF WITNESSES
s. 118
Who may testify
s. 119
Witness unable to communicate verbally
s. 120
Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
s. 121
Judges and Magistrates
s. 122
Communications during marriage
s. 123
Evidence as to affairs of State
s. 124
Official communications
s. 125
Information as to commission of offences
s. 126
Professional communications
s. 127
Section 126 to apply to interpreters, etc
s. 128
Privilege not waived by volunteering evidence
s. 129
Confidential communications with legal advisers
s. 130
Production of title-deeds of witness not a party
s. 131
Production of documents or electronic records which another person, having possession, could refuse to produce
s. 132
Witness not excused from answering on ground that answer will criminate
s. 133
Accomplice
s. 134
Number of witnesses
Ch. X
· OF THE EXAMINATION OF WITNESSES
s. 135
Order of production and examination of witnesses
s. 136
Judge to decide as to admissibility of evidence
s. 137
Examination-in-chief
s. 138
Order of examinations
s. 139
Cross-examination of person called to produce a document
s. 140
Witnesses to character
s. 141
Leading questions
s. 142
When they must not be asked
s. 143
When they may be asked
s. 144
Evidence as to matters in writing
s. 145
Cross-examination as to previous statements in writing
s. 146
Questions lawful in cross-examination
s. 147
When witness to be compelled to answer
s. 148
Court to decide when question shall be asked and when witness compelled to answer
s. 149
Question not to be asked without reasonable grounds
s. 150
Procedure of Court in case of question being asked without reasonable grounds
s. 151
Indecent and scandalous questions
s. 152
Questions intended to insult or annoy
s. 153
Exclusion of evidence to contradict answers to questions testing veracity
s. 154
Question by party to his own witness
s. 155
Impeaching credit of witness
s. 156
Questions tending to corroborate evidence of relevant fact, admissible
s. 157
Former statements of witness may be proved to corroborate later testimony as to same fact
s. 158
What matters may be proved in connection with proved statement relevant under section 32 or 33
s. 159
Refreshing memory
s. 160
Testimony to facts stated in document mentioned in section 159
s. 161
Right of adverse party as to writing used to refresh memory
s. 162
Production of documents
s. 163
Giving, as evidence, of document called for and produced on notice
s. 164
Using, as evidence, of document production of which was refused on notice
s. 165
Judge’s power to put questions or order production
s. 166
Power of jury or assessors to put questions
Ch. XI
· OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
s. 167
No new trial for improper admission or rejection of evidence
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