This document provides an overview of key sections of the Indian Evidence Act of 1872 related to the admissibility and relevancy of evidence and statements in legal proceedings. Some key points:
- Sections 25-30 discuss the admissibility of confessions made to police officers or while in custody, and exceptions where such confessions would be admissible if made after any inducement or threat was removed.
- Sections 32-34 address the relevancy of statements made by persons who cannot be found or are dead, entries in books of account, and entries in public records made in the course of duty.
- Sections 38-41 discuss the relevancy of statements about laws contained in law books and
This document provides an overview of key sections of the Indian Evidence Act of 1872 related to the admissibility and relevancy of evidence and statements in legal proceedings. Some key points:
- Sections 25-30 discuss the admissibility of confessions made to police officers or while in custody, and exceptions where such confessions would be admissible if made after any inducement or threat was removed.
- Sections 32-34 address the relevancy of statements made by persons who cannot be found or are dead, entries in books of account, and entries in public records made in the course of duty.
- Sections 38-41 discuss the relevancy of statements about laws contained in law books and
This document provides an overview of key sections of the Indian Evidence Act of 1872 related to the admissibility and relevancy of evidence and statements in legal proceedings. Some key points:
- Sections 25-30 discuss the admissibility of confessions made to police officers or while in custody, and exceptions where such confessions would be admissible if made after any inducement or threat was removed.
- Sections 32-34 address the relevancy of statements made by persons who cannot be found or are dead, entries in books of account, and entries in public records made in the course of duty.
- Sections 38-41 discuss the relevancy of statements about laws contained in law books and
This document provides an overview of key sections of the Indian Evidence Act of 1872 related to the admissibility and relevancy of evidence and statements in legal proceedings. Some key points:
- Sections 25-30 discuss the admissibility of confessions made to police officers or while in custody, and exceptions where such confessions would be admissible if made after any inducement or threat was removed.
- Sections 32-34 address the relevancy of statements made by persons who cannot be found or are dead, entries in books of account, and entries in public records made in the course of duty.
- Sections 38-41 discuss the relevancy of statements about laws contained in law books and
INDIAN EVIDENCE ACT, 1872 32 Cases in which statement of relevant fact by person who is dead or cannot be
Sections Particulars found, etc, is relevant
Chapter I Preliminary 33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth 1 Short title, extent and commencement of facts therein stated 2 Repeal of enactments : Repealed by the Repealing Act, 1938 34 Entries in books of account when relevant 3 Interpretation clause 35 Relevancy of entry in public record made in performance of duty 4 "May presume" 36 Relevancy of statements in maps, charts and plans Chapter II The Relevancy Of Facts 37 Relevancy of statement as to fact of public nature, contained in certain acts or notifications 5 Evidence may be given of facts in issue and relevant facts 38 Relevancy of statements as to any law contained in law-books 6 Relevancy of facts forming part of same transaction 39 What evidence to be given when statement forms part of a conversation, 7 Facts which are the occasion, cause or effect of facts in issue document, electronic record, book or series of letters or papers. 8 Motive, preparation and previous or subsequent conduct 40 Previous judgments relevant to bar a second suit or trial 9 Facts necessary to explain or introduce relevant facts 41 Relevancy of certain judgments in probate, etc. jurisdiction 10 Things said or done by conspirator in reference to common design 42 Relevancy and effect of judgments, orders or decrees, other than those 11 When facts not otherwise relevant become relevant mentioned in section 41 12 In suits for damages, facts tending to enable Court to determine amount are 43 Judgment, etc., other than those mentioned in sections 40 to 42, when relevant relevant 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be 13 Facts relevant when right or custom is in question proved 14 Facts showing existence of state of mind, or of body or bodily feeling 45 Opinions of experts 15 Facts bearing on question whether act was accidental or intentional 46 Facts bearing upon opinions of experts 16 Existence of course of business when relevant 47 Opinion as to handwriting, when relevant 17 Admission defined 47A Opinion as to digital signature where relevant 18 Admission-by party to proceeding or his agent 48 Opinion as to existence of right or custom, when relevant 19 Admissions by persons whose position must be proved as against party to suit 49 Opinion as to usage, tenets, etc., when relevant 20 Admissions by persons expressly referred to by party to suit 50 Opinion on relationship, when relevant 21 Proof of admissions against persons making them, and by or on their behalf 52 In civil cases character to prove conduct imputed, irrelevant 22 When oral admissions as to contents of documents are relevant 53 In criminal cases previous good character relevant 22A When oral admission as to contents of electronic records are relevant 54 Previous bad character not relevant, except in reply 23 Admission in civil cases relevant 55 Character as affecting damages 24 Confession caused by inducement, threat or promise when irrelevant in Chapter III Facts Which Need Not Be Proved criminal proceedings 56 Fact Judicially noticeable need not be proved 25 Confession to police officer not to be proved 57 Facts of which Court must take judicial notice 26 Confession by accused while in custody of police not to be proved against 58 Facts admitted need not be proved him Chapter IV Oral Evidence 27 How much of information received from accused may be proved 59 Proof of facts by oral evidence 28 Confession made after removal of impression caused by inducement, threat or promise, relevant 60 Oral evidence must be direct 29 Confession otherwise relevant not to become irrelevant because of promise of Chapter V Documentary Evidence secrecy, etc. 61 Proof of contents of documents 30 Consideration of proved confession affecting person making it and others 62 Primary evidence jointly under trial for same offence 63 Secondary evidence 31 Admission not conclusive proof, but may estop 64 Proof of documents by primary evidence 65 Cases in which secondary evidence relating to documents may be given 92 Exclusion of evidence of oral agreement 65A Special provisions as to evidence relating to electronic record 93 Exclusion of evidence to explain or amend ambiguous document 65B Admissibility of electronic records 94 Exclusion of evidence against application of document to existing facts 66 Rules as to notice to produce 95 Evidence as to document unmeaning in reference to existing facts 67 Proof of signature and handwriting of person alleged to have signed or written 96 Evidence as to application of language which can apply to one only of several document produced persons 67A Proof as to digital signature 97 Evidence as to application of language to one of two sets of facts, to neither 68 Proof of execution of document required by law to be attested of which the whole correctly applies 69 Proof where no attesting witness found 98 Evidence as to meaning of illegible characters, etc. 70 Admission of execution by party to attested document 99 Who may give evidence of agreement varying terms of document 71 Proof when attesting witness denies the execution 100 Saving of provisions of Indian Succession Act, relating to wills 72 Proof of document not required by law to be attested Chapter VII The Burden Of Proof 73 Comparison of signature, writing or seal with others admitted or proved 101 Burden of proof 73A Proofs as to verification of digital signature 102 On whom burden of proof lies 74 Public documents 103 Burden of proof as to particular fact 75 Private documents 104 Burden of proving fact to be proved to make evidence admissible 76 Certified copies of public documents 105 Burden of proving that case of accused comes within exceptions. 77 Proof of documents by production of certified copies 106 Burden of proving fact especially within knowledge 78 Proof of other official documents 107 Burden of proving death of person known to have been alive within thirty 79 Presumption as to genuineness of certified copies years 80 Presumption as to documents produced as record of evidence 108 Burden of proving that person is alive who has not been heard of for seven 81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other years documents 109 Burden of proof as to relationship in the cases of partners, landlord and tenant, 81A Presumption as to Gazettes in electronic forms principal and agent 82 Presumption as to document admissible in England without proof of seal or 110 Burden of proof as to ownership signature 111 Proof of good faith in transactions where one party is in relation of active 83 Presumption as to maps or plans made by authority of Government confidence 84 Presumption as to collections of laws and reports of decisions 111A Presumption as to certain offences 85 Presumption as to powers-of-attorney 112 Birth during marriage, conclusive proof of legitimacy 85A Presumption as to electronic agreements 113 Proof of cession of territory 85B Presumption as to electronic record and digital signatures 113A Presumption as to abetment of suicide by a married women 85C Presumption as to Digital Signature Certificates 113B Presumption as to dowry death 86 Presumption as to certified copies of foreign judicial records 114 Court may presume existence of certain acts 87 Presumption as to books, maps and charts 114A Presumption as to absence of consent in certain prosecutions for rape 88 Presumption as to books, maps and charts Chapter VIII Estoppel 88A Presumption as to electronic messages 115 Estoppel 89 Presumption as to due execution, etc., of documents not produced 116 Estoppel of tenant; and of license of person in possession 90 Presumption as to documents thirty years old 117 Estoppel of acceptor of bill of exchange, bailee or licensee 90A Presumption as to electronic records five year old Chapter IX Witnesses Chapter VI The Exclusion Of Oral By Documentary Evidence 118 Who may testify 91 Evidence of terms of contracts, grants and other dispositions of property 119 Dumb witnesses reduced to form of document 120 Parties to civil suit, and their wives or husbands, Husbands or wife of person 157 Former statements of witness may be proved to corroborate later testimony as under criminal trial to same fact 121 Judges and Magistrates 158 What matters may be proved in connection with proved statement relevant 122 Communications during marriage under section 32 or 33 123 Evidence as to affairs of State 159 Refreshing memory 124 Official communications 160 Testimony to facts stated in document mentioned in section 159 125 Information as to commission of offences 161 Right of adverse party as to writing used to refresh memory 126 Professional communication 162 Productions of documents 127 Section 126 to apply to interpreters etc. 163 Giving, as evidence, of document called for and produced on notice 128 Privilege not waived by volunteering evidence 164 Using, as evidence, of document production of which was refused on notice 129 Confidential communications with legal advisers 165 Judge's power to put questions or order production 130 Production of title-deeds of witness not a party 166 Power of jury or assessors to put questions 131 Production of documents or electronic records which another person, having Chapter XI Improper Admission And Rejection Of Evidence possession, could refuse to produce 167 No new trial for improper admission or rejection or evidence 132 Witness not excused from answering on ground that answer will criminate 133 Accomplice 134 Number of witnesses Chapter X The Examination Of Witnesses 135 Order of production and examination of witnesses 136 Judge to decide as to admissibility of evidence 137 Examination in chief 138 Order of examinations 139 Cross-examination of person called to produce a document 140 Witnesses to character 141 Leading questions 142 When they must not be asked 143 When they may be asked 144 Evidence as to matters in writing 145 Cross-examination as to previous Statements in writing 146 Questions lawful in cross-examination 147 When witness to be compelled to answer 148 Court to decide when question shall be asked and when witness compelled to answer 149 Question not to be asked without reasonable grounds 150 Procedure of Court in case of question being asked without reasonable grounds 151 Indecent and scandalous questions 152 Questions intended to insult or annoy 153 Exclusion of evidence to contradict answers to questions testing veracity 154 Question by party to his own witness 155 Impeaching credit of witness 156 Questions tending to corroborate evidence of relevant fact, admissible