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 Section 2: Section 2 of the Indian Evidence Act, 1872: Repealed Provision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