By

Y. SREENIVASULU,
ADVOCATE,
TADIPATRI-515411
Ananthapuramu Dist.
Mobile: 9949174741
 Indian Evidence Act, 1872 Bharatiya Sakshya Adhiniyam, 2023

Section Heading Section Heading

Short title, extent and Short title, application and

1 1
commencement commencement

2 Repeal of enactments — —

3 Interpretation clause 2 Definitions

4 “May presume” 2 Definitions

Evidence may be given of facts Evidence may be given of facts

5 3
in issue and relevant facts in issue and relevant facts

Relevancy of facts forming part Relevancy of facts forming part

6 4
of same transaction of same transaction

Facts which are the occasion,

Facts which are the occasion,
7 5 cause or effect of facts in issue
cause or effect of facts in issue.
or relevant facts

Motive, preparation and Motive, preparation and previous

8 6
previous or subsequent conduct or subsequent conduct

Facts necessary to explain or

Facts necessary to explain or
9 7 introduce fact in issue or
introduce relevant facts
relevant facts

Things said or done by

Things said, done by conspirator
10 conspirator in reference to 8
in reference to common design
common design

When facts not otherwise When facts not otherwise

11 9
relevant become relevant relevant become relevant

In suits for damages, facts Facts tending to enable Court to

12 tending to enable Court to 10 determine amount are relevant
determine amount are relevant in suits for damages

Facts relevant when right or Facts relevant when right or

13 11
custom is in question custom is in question
 Facts showing existence of state Facts showing existence of state
14 of mind, or of body or bodily 12 of mind, or of body of bodily
feeling feeling

Facts bearing on question Facts bearing on question

15 whether act was accidental or 13 whether act was accidental or
intentional intentional

Existence of course of business Existence of course of business

16 14
when relevant when relevant

17 Admission defined 15 Admission defined

Admission by party to proceeding Admission by party to proceeding

18 16
or his agent or his agent

Admissions by persons whose Admissions by persons whose

19 position must be proved as 17 position must be proved as
against party to suit against party to suit

Admissions by persons expressly Admissions by persons expressly

20 18
referred to by party to suit referred to by party to suit

Proof of admissions against Proof of admissions against

21 persons making them, and by or 19 persons making them, and by or
on their behalf on their behalf

When oral admissions as to When oral admissions as to

22 contents of documents are 20 contents of documents are
relevant relevant

When oral admissions as to

22A contents of electronic records are — —
relevant

Admissions in civil cases, when Admissions in civil cases when

23 21
relevant relevant

Confession caused by Confession caused by

inducement, threat or promise, inducement, threat, coercion or
24 22
when irrelevant in criminal promise, when irrelevant in
proceeding criminal proceeding
 Confession to police officer not to
25 23 Confession to police officer
be proved

Confession by accused while in

26 custody of Police not to be — —
proved against him

How much of information

27 received from accused may be — —
proved

Confession made after removal

of impression caused by
28 — —
inducement, threat or promise,
relevant

Confession otherwise relevant

29 not to become irrelevant because — —
of promise of secrecy, etc.

Consideration of proved Consideration of proved

confession affecting person confession affecting person
30 24
making it and others jointly under making it and others jointly under
trial for same offence trial for same offence

Admissions not conclusive proof, Admissions not conclusive proof,

31 25
but may estop but may estop

Cases in which statement of Cases in which statement of facts

relevant fact by person who is in issue or relevant fact by person
32 26
dead or cannot be found, etc., is who is dead or cannot be found,
relevant etc., is relevant

Relevancy of certain evidence for Relevancy of certain evidence for

proving, in subsequent proving, in subsequent
33 27
proceeding, the truth of facts proceeding, the truth of facts
therein stated therein stated
 Entries in books of account
Entries in books of account when
34 including those maintained in an 28
relevant
electronic form when relevant

Relevancy of entry in public Relevancy of entry in public

35 record or an electronic record 29 record or an electronic record
made in performance of duty made in performance of duty

Relevancy of statements in Relevancy of statements in maps,

36 30
maps, charts and plans charts and plans

Relevancy of statement as to fact Relevancy of statement as to fact

37 of public nature, contained in 31 of public nature contained in
certain Acts or notifications certain Acts or notifications

Relevancy of statements as to
Relevancy of statements as to
38 32 any law contained in law books
any law contained in law books
including electronic or digital form

What evidence to be given when What evidence to be given when

statement forms part of a statement forms part of a
39 conversation, document, 33 conversation, document,
electronic record, book or series electronic record, book or series
of letters or papers of letters or papers

Previous judgments relevant to Previous judgments relevant to

40 34
bar a second suit or trial bar a second suit or trial

Relevancy of certain judgments Relevancy of certain judgments in

41 35
in probate, etc., jurisdiction probate, etc., jurisdiction

Relevancy and effect of Relevancy and effect of

judgments, orders or decrees, judgments, orders or decrees,
42 36
other than those mentioned in other than those mentioned in
section 41 section 35

Judgments, etc., other than those Judgments, etc., other than those
43 mentioned in sections 40 to 42, 37 mentioned in sections 34, 35 and
when relevant 36 when relevant
 Fraud or collusion in obtaining Fraud or collusion in obtaining
44 judgment, or incompetency of 38 judgment, or incompetency of
Court, may be proved Court, may be proved

45 Opinions of experts 39 Opinions of experts

Opinion of Examiner of Electronic

45A — —
Evidence

Facts bearing upon opinions of Facts bearing upon opinions of

46 40
experts experts

Opinion as to handwriting, when Opinion as to hand-writing and

47 41
relevant digital signature, when relevant

Opinion as to electronic signature

47A — —
when relevant

Opinion as to existence of right or Opinion as to existence of general

48 42
custom, when relevant custom or right, when relevant

Opinions as to usages, tenets, Opinion as to usages, tenets, etc.,

49 43
etc., when relevant when relevant

Opinion on relationship, when Opinion on relationship, when

50 44
relevant relevant

Grounds of opinion, when

51 45 Grounds of opinion, when relevant
relevant

In civil cases character to prove In civil cases character to prove

52 46
conduct imputed, irrelevant conduct imputed, irrelevant
 In criminal cases, previous good In criminal cases previous good
53 47
character relevant character relevant

Evidence of character or previous Evidence of character or previous

53A sexual experience not relevant in 48 sexual experience not relevant in
certain cases certain cases

Previous bad character not Previous bad character not

54 49
relevant, except in reply relevant, except in reply

55 Character as affecting damages 50 Character as affecting damages

Fact judicially noticeable need Fact judicially noticeable need not

56 51
not be proved be proved

Facts of which Court must take - Facts of which Court shall take
57 52
judicial notice judicial notice

Facts admitted need not be Facts admitted need not be

58 53
proved proved

59 Proof of facts by oral evidence 54 Proof of facts by oral evidence

60 Oral evidence must be direct 55 Oral evidence to be direct

61 Proof of contents of documents 56 Proof of contents of documents

62 Primary evidence 57 Primary evidence

63 Secondary evidence 58 Secondary evidence

Proof of documents by primary Proof of documents by primary

64 59
evidence evidence
 Cases in which secondary Cases in which secondary
65 evidence relating to documents 60 evidence relating to documents
may be given may be given

Special provisions as to evidence Special provisions as to evidence

65A 62
relating to electronic record relating to electronic record

Admissibility of electronic or digital

65B Admissibility of electronic records 61, 63 record

Admissibility of electronic records

66 Rules as to notice to produce 64 Rules as to notice to produce

Proof of signature and

Proof of signature and handwriting
handwriting of person alleged to
67 65 of person alleged to have signed
have signed or written document
or written document produced
produced

67A Proof as to electronic signature 66 Proof as to electronic signature

Proof of execution of document Proof of execution of document

68 67
required by law to be attested required by law to be attested

Proof where no attesting witness Proof where no attesting witness

69 68
found found

Admission of execution by party Admission of execution by party to

70 69
to attested document attested document

Proof when attesting witness Proof when attesting witness

71 70
denies the execution denies the execution

Proof of document not required Proof of document not required by

72 71
by law to be attested law to be attested

Comparison of signature, writing Comparison of signature, writing

73 or seal with others admitted or 72 or seal with others admitted or
proved proved

Proof as to verification of digital Proof as to verification of digital

73A 73
signature signature
74 Public documents 74 Public and private documents

75 Private documents 74 Public and private documents

Certified copies of public Certified copies of public

76 75
documents documents

Proof of documents by production Proof of documents by production

77 76
of certified copies of certified copies

78 Proof of other official documents 77 Proof of other official documents

Presumption as to genuineness Presumption as to genuineness of

79 78
of certified copies certified copies

Presumption as to documents
Presumption as to documents
80 79 produced as record of evidence,
produced as record of evidence
etc.

Presumption as to Gazettes, Presumption as to Gazettes,

81 newspapers, private Acts of 80 newspapers, and other
Parliament and other documents documents

Presumption as to Gazettes in Presumption as to Gazettes in

81A 81
electronic forms electronic or digital record

Presumption as to document
82 admissible in England without — —
proof of seal or signature

Presumption as to maps or plans Presumption as to maps or plans

83 82
made by authority of Government made by authority of Government

Presumption as to collections of Presumption as to collections of

84 83
laws and reports of decisions laws and reports of decisions

Presumption as to power-of- Presumption as to powers-of-

85 84
attorney attorney

Presumption as to electronic Presumption as to electronic

85A 85
agreements agreements

Presumptions as to electronic Presumption as to electronic

85B 86
records and electronic signatures records and electronic signatures
 Presumption as to Electronic Presumption as to Electronic
85C 87
Signature Certificates Signature Certificates

Presumption as to certified Presumption as to certified copies

86 88
copies of foreign judicial records of foreign judicial records

Presumption as to books, maps Presumption as to books, maps

87 89
and charts and charts

Presumption as to telegraphic
88 — —
messages

Presumption as to electronic Presumption as to electronic

88A 90
messages messages

Presumption as to due execution, Presumption as to due execution,

89 91
etc., of documents, not produced etc., of documents not produced

Presumption as to documents Presumption as to documents

90 92
thirty years old thirty years old

Presumption as to electronic Presumption as to electronic

90A 93
records five years old records five years old

Evidence of terms of contracts, Evidence of terms of contracts,

grants and other dispositions of grants and other dispositions of
91 94
property reduced to form of property reduced to form of
documents document

Exclusion of evidence of oral Exclusion of evidence of oral

92 95
agreement agreement

Exclusion of evidence to explain Exclusion of evidence to explain

93 96
or amend ambiguous document or amend ambiguous document

Exclusion of evidence against Exclusion of evidence against

94 application of document to 97 application of document to
existing facts existing facts

Evidence as to document Evidence as to document

95 unmeaning in reference to 98 unmeaning reference to existing
existing facts facts
 Evidence as to application of Evidence as to application of
96 language which can apply to one 99 language which can apply to one
only of several persons only of several persons

Evidence as to application of Evidence as to application of

language to one of two sets of language to one of two sets of
97 100
facts, to neither of which the facts, to neither of which the
whole correctly applies whole correctly applies

Evidence as to meaning of Evidence as to meaning of

98 101
illegible characters, etc. illegible characters, etc.

Who may give evidence of Who may give evidence of

99 agreement varying terms of 102 agreement varying terms of
document document

Saving of provisions of Indian Saving of provisions of Indian

100 103
Succession Act relating to wills Succession Act relating to Wills

101 Burden of proof 104 Burden of proof

102 On whom burden of proof lies 105 On whom burden of proof lies

Burden of proof as to particular Burden of proof as to particular

103 106
fact fact

Burden of proving fact to be Burden of proving fact to be

104 proved to make evidence 107 proved to make evidence
admissible admissible

Burden of proving that case of Burden of proving that case of

105 108
accused comes within exceptions accused comes within exceptions

Burden of proving fact especially Burden of proving fact especially

106 109
within knowledge within knowledge

Burden of proving death of Burden of proving death of person

107 person known to have been alive 110 known to have been alive within
within thirty years thirty years

Burden of proving that person is Burden of proving that person is

108 alive who has not been heard of 111 alive who has not been heard of
for seven years for seven years

Burden of proof as to relationship Burden of proof as to relationship

109 in the cases of partners, landlord 112 in the cases of partners, landlord
and tenant, principal and agent and tenant, principal and agent
110 Burden of proof as to ownership 113 Burden of proof as to ownership

Proof of good faith in transactions Proof of good faith in transactions

111 where one party is in relation of 114 where one party is in relation of
active confidence active confidence

Presumption as to certain Presumption as to certain

111A 115
offences offences

Birth during marriage, conclusive Birth during marriage, conclusive

112 116
proof of legitimacy proof of legitimacy

113 Proof of cession of territory — —

Presumption as to abetment of Presumption as to abetment of

113A 117
suicide by a married woman suicide by a married woman

113B Presumption as to dowry death 118 Presumption as to dowry death

Court may presume existence of Court may presume existence of

114 119
certain facts certain facts

Presumption as to absence of Presumption as to absence of

114A consent in certain prosecution for 120 consent in certain prosecution for
rape rape

115 Estoppel 121 Estoppel

Estoppel of tenant; and of Estoppel of tenants and of

116 122
licensee of person in possession licensee of person in possession

Estoppel of acceptor of bill of Estoppel of acceptor of bill of

117 123
exchange, bailee or licensee exchange, bailee or licensee

118 Whom may testify 124 Who may testify

Witness unable to communicate Witness unable to communicate

119 125
verbally verbally

Parties to civil suit, and their

Competency of husband and wife
120 wives or husbands—husband or 126
as witnesses in certain cases
wife of person under criminal trial

121 Judges and Magistrates 127 Judges and Magistrates

122 Communications during marriage 128 Communications during marriage

123 Evidence as to affairs of State 129 Evidence as to affairs of State

124 Official communications 130 Official communications

Information as to commission of Information as to commission of

125 131
offences offences

126 Professional communications 132 Professional communications

Section 126 to apply to

127 — —
interpreters, etc.

Privilege not waived by Privilege not waived by

128 133
volunteering evidence volunteering evidence

Confidential communications with Confidential communication with

129 134
legal advisers legal advisers

Production of title-deeds of Production of title-deeds of

130 135
witness not a party witness not a party

Production of documents or Production of documents or

electronic records which another electronic records which another
131 136
person, having possession, could person, having possession, would
refuse to produce refuse to produce

Witness not excused from Witness not excused from

132 answering on ground that answer 137 answering on ground that answer
will criminate will criminate

133 Accomplice 138 Accomplice

134 Number of witnesses 139 Number of witnesses

Order of production and Order of production and

135 140
examination of witnesses examination of witnesses

Judge to decide as to Judge to decide as to admissibility

136 141
admissibility of evidence of evidence

137 Examination-in-chief 142 Examination of witnesses

138 Order of examinations 143 Order of examinations

Cross-examination of person Cross-examination of person

139 144
called to produce a document called to produce a document

140 Witnesses to character 145 Witnesses to character

141 Leading questions 146 Leading questions

142 When they must not be asked 146 Leading questions

143 When they may be asked 146 Leading questions

144 Evidence as to matters in writing 147 Evidence as to matters in writing

Cross-examination as to previous Cross-examination as to previous

145 148
statements in writing statements in writing

Questions lawful in cross- Questions lawful in cross-

146 149
examination examination

When witness to be compelled to When witness to be compelled to

147 150
answer answer

Court to decide when question Court to decide when question

148 shall be asked and when witness 151 shall be asked and when witness
compelled to answer compelled to answer

Question not to be asked without Question not to be asked without

149 152
reasonable grounds reasonable grounds

Procedure of Court in case of Procedure of Court in case of

150 question being asked without 153 question being asked without
reasonable grounds reasonable grounds

Indecent and scandalous Indecent and scandalous

151 154
questions questions

Questions intended to insult or Questions intended to insult or

152 155
annoy annoy

Exclusion of evidence to Exclusion of evidence to

153 contradict answers to questions 156 contradict answers to questions
testing veracity testing veracity
 Question by party to his own Question by party to his own
154 157
witness witness

155 Impeaching credit of witness 158 Impeaching credit of witness

Questions tending to corroborate Questions tending to corroborate

156 evidence of relevant fact, 159 evidence of relevant fact,
admissible admissible

Former statements of witness Former statements of witness

157 may be proved to corroborate 160 may be proved to corroborate
later testimony as to same fact later testimony as to same fact

What matters may be proved in What matters may be proved in

158 connection with proved statement 161 connection with proved statement
relevant under section 32 or 33 relevant under section 26 OR 27

159 Refreshing memory 162 Refreshing memory

Testimony to facts stated in Testimony to facts stated in

160 document mentioned in section 163 document mentioned in section
159 162

Right of adverse party as to Right of adverse party as to

161 164
writing used to refresh memory writing used to refresh memory

162 Production of documents 165 Production of documents

Giving, as evidence, of document Giving, as evidence, of document

163 166
called for and produced on notice called for and produced on notice

Using, as evidence, of document, Using, as evidence, of document

164 production of which was refused 167 production of which was refused
on notice on notice

Judge’s power to put questions or Judge’s power to put questions or

165 168
order production order production

Power of jury or assessors to put

166 — —
questions

No new trial for improper

No new trial for improper
167 admission or rejection of 169
admission or rejection of evidence
evidence

170 Repeal and Savings