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IEA · 1872 · no longer in force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