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Indian Evidence Act 1872 Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - THE INDIAN EVIDENCE ACT, 1872
Part 1 Chapter 1
Section1 - Short title, extent and Commencement
Section2 - Repeal of enactments
Section3 - Interpretation clause
Section4 - "May presume"
Chapter 2
Section5 - Evidence may be given of facts in issue and relevant facts
Section6 - Relevancy of facts forming part of same transaction
Section7 - Facts which are the occasion, cause or effect of facts in issue
Section8 - Motive, preparation and previous or subsequent conduct
Section9 - Facts necessary to explain or introduce relevant facts
Section10 - Things said or done by conspirator in reference to common design
Section11 - When facts not otherwise relevant become relevant
Section12 - In suits for damages, facts tending to enable Court to determine amount are relevant
Section13 - Facts relevant when right or custom is in question
Section14 - Facts showing existence of state of mind, or of body or bodily feeling
Section15 - Facts bearing on question whether act was accidental or intentional
Section16 - Existence of course of business when relevant
Section17 - Admission defined
Section18 - Admission by party to proceeding or his agent by suitor in representative character
Section19 - Admissions by persons whose position must be proved as against party to suit
Section20 - Admissions by persons expressly referred to by party to suit
Section21 - Proof of admissions against persons making them, and by or on their behalf
Section22 - When oral admissions as to contents of documents are relevant
Section22A - When oral admission as to contents of electronic records are relevant
Section23 - Admissions in civil cases, when relevant
Section24 - Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
Section25 - Confession to police officer not to be proved
Section26 - Confession by accused while in custody of police not to be proved against him
Section27 - How much of information received from accused may be proved
Section28 - Confession made after removal of impression caused by inducement, threat or promise relevant
Section29 - Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
Section30 - Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section31 - Admissions not conclusive proof, but may estop
Section32 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Section33 - Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Section34 - Entries in books of account including those maintained in an electronic form when relevant
Section35 - Relevancy of entry in public record or an electronic record made in performance of duty
Section36 - Relevancy of statements in maps, charts and plans
Section37 - Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
Section38 - Relevancy of statements as to any law contained in law-books
Section39 - What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
Section40 - Previous judgments relevant to bar a second suit or trial
Section41 - Relevancy of certain judgments in probate, etc., jurisdiction
Section42 - Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Section43 - Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
Section44 - Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section45 - Opinions of experts
Section45A - Opinion of Examiner of Electronic Evidence
Section46 - Facts bearing upon opinions of experts
Section47 - Opinion as to handwriting, when relevant
Section47A - Opinion as to electronic signature when relevant
Section48 - Opinion as to existence of right or custom, when relevant
Section49 - Opinion as to usages, tenets, etc., when relevant
Section50 - Opinion or relationship, when relevant
Section51 - Grounds of opinion, when relevant
Section52 - In civil cases character to prove conduct imputed, irrelevant
Section53 - In criminal cases, previous good character relevant
Section54 - Previous bad character not relevant, except in reply
Section55 - Character as affecting damages
Part 2 Chapter 3
Section56 - Fact judicially noticeable need not be proved
Section57 - Facts of which Court must take judicial notice
Section58 - Facts admitted need not be proved
Chapter 4
Section59 - Proof of facts by oral evidence
Section60 - Oral evidence must be direct
Chapter 5
Section61 - Proof of contents of documents
Section62 - Primary evidence
Section63 - Secondary evidence
Section64 - Proof of documents by primary evidence
Section65 - Cases in which secondary evidence relating to documents may be given
Section65A - Special provisions as to evidence relating to electronic record
Section65B - Admissibility of electronic records
Section66 - Rules as to notice to produce
Section67 - Proof of signature and handwriting of person alleged to have signed or written document produced
Section67A - Proof as to electronic signature
Section68 - Proof of execution of document required by law to be attested
Section69 - Proof where no attesting witness found
Section70 - Admission of execution by party to attested document
Section71 - Proof when attesting witness denies the execution
Section72 - Proof of document not required by law to be attested
Section73 - Comparison of signature, writing or seal with others admitted or proved
Section73A - Proof as to verification of digital signature
Section74 - Public documents
Section75 - Private documents
Section76 - Certified copies of public documents
Section77 - Proof of documents by production of certified copies
Section78 - Proof of other official documents
Section79 - Presumption as to genuineness of certified copies
Section80 - Presumption as to documents produced as record of evidence
Section81 - Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section81A - Presumption as to Gazettes in electronic forms
Section82 - Presumption as to document admissible in England without proof of seal or signature
Section83 - Presumption as to maps or plans made by authority of Government
Section84 - Presumption as to collections of laws and reports of decisions
Section85 - Presumption as to power-of-attorney
Section85A - Presumption as to electronic agreements
Section85B - Presumption as to electronic records and electronic signatures
Section85C - Presumption as to Electronic Signature Certificates
Section86 - Presumption as to certified copies of foreign judicial records
Section87 - Presumption as to books, maps and charts
Section88 - Presumption as to telegraphic messages
Section88A - Presumption as to electronic messages
Section89 - Presumption as to due execution, etc. of documents not produced
Section90 - Presumption as to documents thirty years old
Section90A - Presumption as to electronic records five years old
Chapter 6
Section91 - Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Section92 - Exclusion of evidence of oral agreement
Section93 - Exclusion of evidence to explain or amend ambiguous document
Section94 - Exclusion of evidence against application of document to existing facts
Section95 - Evidence as to document unmeaning in reference to existing facts
Section96 - Evidence as to application of language which can apply to one only of several persons
Section97 - Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Section98 - Evidence as to meaning of illegible characters, etc
Section99 - Who may give evidence of agreement varying term of document
Section100 - Saving of provisions of Indian Succession Act relating to wills
Part 3 Chapter 7
Section101 - Burden of proof
Section102 - On whom burden of proof lies
Section103 - Burden of proof as to particular fact
Section104 - Burden of proving fact to be proved to make evidence admissible
Section105 - Burden of proving that case of accused comes within exceptions
Section106 - Burden of proving fact especially within knowledge
Section107 - Burden of proving death of person known to have been alive within thirty years
Section108 - Burden of proving that person is alive who has not been heard of for seven years
Section109 - Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Section110 - Burden of proof as to ownership
Section111 - Proof of good faith in transactions where one party is in relation of active confidence
Section111A - Presumption as to certain offences
Section112 - Birth during marriage, conclusive proof of legitimacy
Section113 - Proof of cession of territory
Section113A - Presumption as to abetment of suicide by a married woman
Section113B - Presumption as to dowry death
Section114 - Court may presume existence of certain facts
Section114A - Presumption as to absence of consent in certain prosecutions for rape
Chapter 8
Section115 - Estoppel
Section116 - Estoppel of tenant; and of licensee of person in possession
Section117 - Estoppel of acceptor of bill of exchange, bailee or licensee
Chapter 9
Section118 - Who may testify
Section119 - Dumb witnesses
Section120 - Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
Section121 - Judges and Magistrates
Section122 - Communications during marriage
Section123 - Evidence as to affairs of State
Section124 - Official communications
Section125 - Information as to commission of offences
Section126 - Professional communications
Section127 - Section 126 to apply to interpreters, etc
Section128 - Privilege not waived by volunteering evidence
Section129 - Confidential communications with legal advisers
Section130 - Production of title-deeds of witness not a party
Section131 - Production of documents or electronic records which another person, having possession, could refuse to produce
Section132 - Witness not excused from answering on ground that answer will criminate
Section133 - Accomplice
Section134 - Number of witnesses
Chapter 10
Section135 - Order of production and examination of witnesses
Section136 - Judge to decide as to admissibility of evidence
Section137 - Examination-in-chief
Section138 - Order of examinations
Section139 - Cross-examination of person called to produce a document
Section140 - Witnesses to character
Section141 - Leading questions
Section142 - When they must not be asked
Section143 - When they may be asked
Section144 - Evidence as to matters in writing
Section145 - Cross-examination as to previous statements in writing
Section146 - Questions lawful in cross-examination
Section147 - When witness to be compelled to answer
Section148 - Court to decide when question shall be asked and when witness compelled to answer
Section149 - Question not to be asked without reasonable grounds
Section150 - Procedure of Court in case of question being asked without reasonable grounds
Section151 - Indecent and scandalous questions
Section152 - Questions intended to insult or annoy
Section153 - Exclusion of evidence to contradict answers to questions testing veracity
Section154 - Question by party to his own witness
Section155 - Impeaching credit of witness
Section156 - Question tending to corroborate evidence of relevant fact, admissible
Section157 - Former statements of witness may be proved to corroborate later testimony as to same fact
Section158 - What matters may be proved in connection with proved statement relevant under section 32 or 33
Section159 - Refreshing memory
Section160 - Testimony to facts stated in document mentioned in section 159
Section161 - Right of adverse party as to writing used to refresh memory
Section162 - Production of documents
Section163 - Giving, as evidence, of document called for and produced on notice
Section164 - Using, as evidence, of document production of which was refused on notice
Section165 - Judge's power to put questions or order production
Section166 - Power of jury or assessors to put questions
Chapter 11
Section167 - No new trial for improper admission or rejection of evidence
Schedule1 - SCHEDULE
Amending Act1 - INDIAN EVIDENCE (AMENDMENT) ACT, 2002


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