Indian Evidence Act Contents

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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2 Repeal of enactments : Repealed by the Repealing Act, 1938 34 Entries in books of account when relevant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

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