EVIDENCE ACT, 1872

EVIDENCE ACT, 1872

S.1 Short title, extent and commencement

S.2 Repeal of enactments

S.3 Interpretation-clause

S.4 May presume

S.5 Evidence may be given of facts in issue and relevant facts

S.6 Relevancy of facts forming part of same transaction

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

S.8 Motive, preparation and previous or subsequent conduct

S.9 Facts necessary to explain or introduce relevant facts

S.10 Things said or done by conspirator in reference to common design

S.11 When facts not otherwise relevant become relevant

S.12 In suits for damages, facts tending to enable Court to determine amount are relevant

S.13 Facts relevant when right or custom is in question

S.14 Facts showing existence of state of mind, or of body of bodily feeling

S.15 Facts bearing on question whether act was accidental or intentional

S.16 Existence of course of business when relevant

S.17 Admission defined

S.18 Admission by party to proceeding or his agent

S.19 Admissions by persons whose position must be proved as against party to suit

S.20 Admissions by persons expressly referred to by party to suit

S.21 Proof of admissions against persons making them, and by or on their behalf

S.22 When oral admissions as to contents of documents are relevant

S.22(a) When oral admission as to contents of electronic records are relevant

S.23 Admissions in civil cases when relevant

S.24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

S.25 Confession to police-officer not to be proved

S.26 Confession by accused while in custody of police not to be proved against him

S.27 How much of information received from accused may be proved

S.28 Confession made after removal of impression caused by inducement, threat or promise, relevant

S.29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

S.30 Consideration of proved confession affecting person making it and others jointly under trial for same offence

S.31 Admissions not conclusive proof, but may estop

S.32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant

S.33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

S.34 Entries in books of account when relevant

S.35 Relevancy of entry in public record made in performance of duty

S.36 Relevancy of statements in maps, charts and plans

S.37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications

S.38 Relevancy of statements as to any law contained in law-books

S.39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

S.40 Previous judgments relevant to bar a second suit or trial

S.41 Relevancy of certain judgments in probate, etc. jurisdiction

S.42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

S.43 Judgments, etc. other than those mentioned in sections 40, 41 and 42, when relevant

S.44 Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved

S.45 Opinions of experts

S.46 Facts bearing upon opinions of experts

S.47 Opinion as to hand-writing, when relevant

S.47(a) Opinion as to digital signature, when relevant

S.48 Opinion as to existence of right or custom, when relevant

S.49 Opinion as to usages, tenets, etc. when relevant

S.50 Opinion on relationship, when relevant

S.51 Grounds of opinion, when relevant

S.52 In civil cases character to prove conduct imputed, irrelevant

S.53 In criminal cases previous good character relevant

S.54 Previous bad character not relevant, except in reply

S.55 Character as affecting damages

S.56 Fact judicially noticeable need not be proved

S.57 Facts of which Court must take judicial notice

S.58 Facts admitted need not be proved

S.59 Proof of facts by oral evidence

S.60 Oral evidence must be direct

S.61 Proof of contents of documents

S.62 Primary evidence

S.63 Secondary evidence

S.64 Proof of documents by primary evidence

S.65 Cases in which secondary evidence relating to documents may be given

S.65(a) Special provisions as to evidence relating to electronic record

S.65(b) Admissibility of electronic records

S.66 Rules as to notice to produce

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

S.67(a) Proof as to 2 [electronic signature]

S.68 Proof of execution of document required by law to be attested

S.69 Proof where no attesting witness found

S.70 Admission of execution by party to attested document

S.71 Proof when attesting witness denies the execution

S.72 Proof of document not required by law to be attested

S.73 Comparison of signature, writing or seal with others admitted or proved

S.73(a) Proof as to verification of digital signature

S.74 Public documents

S.75 Private documents

S.76 Certified copies of public documents

S.77 Proof of documents by production of certified copies

S.78 Proof of other official documents

S.79 Presumption as to genuineness of certified copies

S.80 Presumption as to documents produced as record of evidence

S.81(a) Presumption as to Gazettes in electronic forms

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

S.83 Presumption as to maps or plans made by authority of Government

S.84 Presumption as to collections of laws and reports of decisions

S.85 Presumption as to powers-of-attorney

S.85(a) Presumption as to electronic agreements

S.85(b) Presumption as to electronic records and 1 [electronic signatures]

S.85(c) Presumption as to 1 [Electronic Signature Certificates]

S.86 Presumption as to certified copies of foreign judicial records

S.87 Presumption as to books, maps and charts

S.88 Presumption as to telegraphic messages

S.88(a) Presumption as to electronic messages

S.89 Presumption as to due execution, etc. of documents not produced

S.90 Presumption as to documents thirty years old

S.90(a) Presumption as to electronic records five years old

S.91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

S.92 Exclusion of evidence of oral agreement

S.93 Exclusion of evidence to explain or amend ambiguous document

S.94 Exclusion of evidence against application of document to existing facts

S.95 Evidence as to document unmeaning reference to existing facts

S.96 Evidence as to application of language which can apply to one only of several persons

S.97 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

S.98 Evidence as to meaning of illegible characters, etc.

S.99 Who may give evidence of agreement varying terms of document

S.100 Saving of provisions of Indian Succession Act relating to wills

S.101 Burden of proof

S.102 On whom burden of proof lies

S.103 Burden of proof as to particular fact

S.104 Burden of proving fact to be proved to make evidence admissible

S.105 Burden of proving that case of accused comes within exceptions

S.106 Burden of proving fact especially within knowledge

S.107 Burden of proving death of person known to have been alive within thirty years

S.108 Burden of proving that person is alive who has not been heard of for seven years

S.109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

S.110 Burden of proof as to ownership

S.111 Proof of good faith in transactions where one party is in relation of active confidence

S.111(a) Presumption as to certain offences

S.112 Birth during marriage, conclusive proof of legitimacy

S.113 Proof of cession of territory

S.113(a) Presumption as to abetment of suicide by a married woman

S.113(b) Presumption as to dowry death

S.114 Court may presume existence of certain facts

S.114(a) Presumption as to absence of consent in certain prosecution for rape

S.115 Estoppel

S.116 Estoppel of tenants and of licensee of person in possession

S.117 Estoppel of acceptor of bill of exchange, bailee or licensee

S.118 Who may testify

S.119 Witness unable to communicate verbally

S.120 Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial

S.121 Judges and Magistrates

S.122 Communications during marriage

S.123 Evidence as to affairs of State

S.124 Official communications

S.125 Information as to commission of offences

S.126 Professional communications

S.127 Section 126 to apply to interpreters, etc.

S.128 Privilege not waived by volunteering evidence

S.129 Confidential communications with legal advisers

S.130 Production of title-deeds of witness not a party

S.131 Production of documents or electronic records which another person, having possession, could refuse to produce

S.132 Witness not excused from answering on ground that answer will criminate

S.133 Accomplice

S.134 Number of witnesses

S.135 Order of production and examination of witnesses

S.136 Judge to decide as to admissibility of evidence

S.137 Examination-in-chief

S.138 Order of examinations

S.139 Cross-examination of person called to produce a document

S.140 Witnesses to character

S.141 Leading questions

S.142 When they must not be asked

S.143 When they may be asked

S.144 Evidence as to matters in writing

S.145 Cross-examination as to previous statements in writing

S.146 Questions lawful in cross-examination

S.147 When witness to be compelled to answer

S.148 Court to decide when question shall be asked and when witness compelled to answer

S.149 Question not to be asked without reasonable grounds

S.150 Procedure of Court in case of question being asked without reasonable grounds

S.151 Indecent and scandalous questions

S.152 Questions intended to insult or annoy

S.153 Exclusion of evidence to contradict answers to questions testing veracity

S.154 Question by party to his own witnes

S.155 Impeaching credit of witness

S.156 Questions tending to corroborate evidence of relevant fact, admissible

S.157 Former statements of witness may be proved to corroborate later testimony as to same fact

S.158 What matters may be proved in connection with proved statement relevant under section 32 or 33

S.159 Refreshing memory

S.160 Testimony to facts stated in document mentioned in section 159

S.161 Right of adverse party as to writing used to refresh memory

S.162 Production of documents

S.163 Giving, as evidence, of document called for and produced on notice

S.164 Using, as evidence, of document production of which was refused on notice

S.165 Judge’s power to put questions or order production

S.166 Power of jury or assessors to put questions

S.167 No new trial for improper admission or rejection of evidence

Sch SCHEDULE

S.53(a) Evidence of character or previous sexual experience not relevant in certain cases

Preliminary Preamble

S.45(a) Opinion of Examiner of Electronic Evidence

S.81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

S.114(b) Presumption as to offences committed under section 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A or section 509B of the Indian Penal Code, 1860

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