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EVIDENCE ACT 1950 (REVISED - 1971)

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1 PART I RELEVANCY CHAPTER I PRELIMINARY-1. Short title.
2 PART I RELEVANCY CHAPTER I PRELIMINARY-2. Extent.
3 PART I RELEVANCY CHAPTER I PRELIMINARY-3. Interpretation.
4 PART I RELEVANCY CHAPTER I PRELIMINARY-4. Presumption.
5 CHAPTER II RELEVANCY OF FACTS General-5. Evidence may be given of facts in issue and relevant facts.
6 CHAPTER II RELEVANCY OF FACTS General-6. Relevancy of facts forming part of same transaction.
7 CHAPTER II RELEVANCY OF FACTS General-7. Facts which are the occasion, cause or effect of facts in issue.
8 CHAPTER II RELEVANCY OF FACTS General-8. Motive, preparation and previous or subsequent conduct.
9 CHAPTER II RELEVANCY OF FACTS General-9. Facts necessary to explain or introduce relevant facts.
10 CHAPTER II RELEVANCY OF FACTS General-10. Things said or done by conspirator in reference to common design.
11 CHAPTER II RELEVANCY OF FACTS General-11. When facts not otherwise relevant become relevant.
12 CHAPTER II RELEVANCY OF FACTS General-12. In suits for damages facts tending to enable court to determine amount are relevant.
13 CHAPTER II RELEVANCY OF FACTS General-13. Facts relevant when right or custom is in question.
14 CHAPTER II RELEVANCY OF FACTS General-14. Facts showing existence of state of mind or of body or bodily feeling.
15 CHAPTER II RELEVANCY OF FACTS General-15. Facts bearing on question whether act was accidental or intentional.
16 CHAPTER II RELEVANCY OF FACTS General-16. Existence of course of business when relevant.
17 Admissions and Confessions-17. Admission and confession defined.
18 Admissions and Confessions-18. Admission by party to proceeding, his agent or person interested.
19 Admissions and Confessions-19. Admissions by persons whose position must be proved as against party to suit.
20 Admissions and Confessions-20. Admissions by persons expressly referred to by party to suit.
21 Admissions and Confessions-21. Proof of admissions against persons making them and by or on their behalf.
22 Admissions and Confessions-22. When oral admissions as to contents of documents are relevant.
23 Admissions and Confessions-23. Admissions in civil cases when relevant.
24 Admissions and Confessions-24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding.
25 Admissions and Confessions-25. Confession to police officer below the rank of inspector not to be proved.
26 Admissions and Confessions-26. Confession by accused while in custody of police not to be proved against him.
27 Admissions and Confessions-27. How much of information received from accused may be proved.
28 Admissions and Confessions-28. Confession made after removal of impression caused by inducement, threat or promise relevant.
29 Admissions and Confessions-29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30 Admissions and Confessions-30. Consideration of proved confession affecting person making it and others jointly under trial for same offence.
31 Admissions and Confessions-31. Admissions not conclusive proof but may estop.
31A Admissions and Confessions-31A. [Deleted by Act A978].
32 Statements by Persons Who Cannot be Called as Witnesses-32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant.
32A Statements by Persons Who Cannot be Called as Witnesses-32A. Admissibility of evidence given under section 265A of the Criminal Procedure Code.
33 Statements by Persons Who Cannot be Called as Witnesses-33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated.
34 Statements Made Under Special Circumstances-34. Entries in books of account when relevant.
35 Statements Made Under Special Circumstances-35. Relevancy of entry in public record made in performance of duty.
36 Statements Made Under Special Circumstances-36. Relevancy of statements in maps, charts and plans.
37 Statements Made Under Special Circumstances-37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications.
38 Statements Made Under Special Circumstances-38. Relevancy of statements as to any law contained in law books.
39 How Much of a Statement to be Proved-39. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers.
40 Judgments of Courts When Relevant-40. Previous judgments relevant to bar a second suit or trial.
41 Judgments of Courts When Relevant-41. Relevancy of certain judgments in probate, etc., jurisdiction.
42 Judgments of Courts When Relevant-42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41.
43 Judgments of Courts When Relevant-43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant.
44 Judgments of Courts When Relevant-44. Fraud or collusion in obtaining judgment or incompetency of court may be proved.
45 Opinions of Third Persons When Relevant-45. Opinions of experts.
46 Opinions of Third Persons When Relevant-46. Facts bearing upon opinions of experts.
47 Opinions of Third Persons When Relevant-47. Opinion as to handwriting when relevant.
48 Opinions of Third Persons When Relevant-48. Opinion as to existence of right or custom when relevant.
49 Opinions of Third Persons When Relevant-49. Opinion as to usages, tenets, etc. when relevant.
50 Opinions of Third Persons When Relevant-50. Opinion on relationship when relevant.
51 Opinions of Third Persons When Relevant-51. Grounds of opinion when relevant.
52 Character When Relevant-52. In civil cases character to prove conduct imputed irrelevant.
53 Character When Relevant-53. In criminal cases previous good character relevant.
54 Character When Relevant-54. Previous bad character not relevant except in reply.
55 Character When Relevant-55. Character as affecting damages.
56 PART II PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED-56. Fact judicially noticeable need not be proved.
57 PART II PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED-57. Facts of which court must take judicial notice.
58 PART II PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED-58. Facts admitted need not be proved.
59 CHAPTER IV ORAL EVIDENCE-59. Proof of facts by oral evidence.
60 CHAPTER IV ORAL EVIDENCE-60. Oral evidence must be direct.
61 CHAPTER V DOCUMENTARY EVIDENCE-61. Proof of contents of documents.
62 CHAPTER V DOCUMENTARY EVIDENCE-62. Primary evidence.
63 CHAPTER V DOCUMENTARY EVIDENCE-63. Secondary evidence.
64 CHAPTER V DOCUMENTARY EVIDENCE-64. Proof of documents by primary evidence.
65 CHAPTER V DOCUMENTARY EVIDENCE-65. Cases in which secondary evidence relating to documents may be given.
66 CHAPTER V DOCUMENTARY EVIDENCE-66. Rules as to notice to produce.
67 CHAPTER V DOCUMENTARY EVIDENCE-67. Proof of signature and handwriting of person alleged to have signed or written document produced.
68 CHAPTER V DOCUMENTARY EVIDENCE-68. Proof of execution of document required by law to be attested.
69 CHAPTER V DOCUMENTARY EVIDENCE-69. Proof where no attesting witness found.
70 CHAPTER V DOCUMENTARY EVIDENCE-70. Admission of execution by party to attested document.
71 CHAPTER V DOCUMENTARY EVIDENCE-71. Proof when attesting witness denies the execution.
72 CHAPTER V DOCUMENTARY EVIDENCE-72. Proof of document not required by law to be attested.
73 CHAPTER V DOCUMENTARY EVIDENCE-73. Comparison of signature, writing or seal with others admitted or proved.
73A CHAPTER V DOCUMENTARY EVIDENCE-73A. Admissibility of documentary evidence in civil cases etc.
73AA CHAPTER V DOCUMENTARY EVIDENCE-73AA. Admissibility of fact in criminal cases, etc.
74 Public Documents-74. Public documents.
75 Public Documents-75. Private documents.
76 Public Documents-76. Certified copies of public documents.
77 Public Documents-77. Proof of documents by production of certified copies.
78 Public Documents-78. Proof of certain official documents.
78A Public Documents-78A. Proof of public documents produced by computers.
79 Presumptions as to Documents-79. Presumption as to genuineness of certified copies.
80 Presumptions as to Documents-80. Presumption as to documents produced as record of evidence.
81 Presumptions as to Documents-81. Presumption as to Gazettes, newspapers, etc.
82 Presumptions as to Documents-82. Presumption as to document admissible in England without proof of seal or signature.
83 Presumptions as to Documents-83. Presumption as to maps or plans made by authority of Government.
84 Presumptions as to Documents-84. Presumption as to collections of laws and reports of decisions.
85 Presumptions as to Documents-85. Presumption as to powers of attorney.
86 Presumptions as to Documents-86. Presumption as to certified copies of foreign judicial records.
87 Presumptions as to Documents-87. Presumption as to books, maps and charts.
88 Presumptions as to Documents-88. Presumption as to telegraphic messages.
89 Presumptions as to Documents-89. Presumption as to due execution, etc., of documents not produced.
90 Presumptions as to Documents-90. Presumption as to documents 20 years old.
90A Documents Produced by a Computer-90A. Admissibility of documents produced by computers and of statements, contained therein.
90B Documents Produced by a Computer-90B. Weight to be attached to document or statement contained in document, admitted by virtue of section 90A.
90C Documents Produced by a Computer-90C. Sections 90A and 90B to prevail over other provisions of this Act, the Bankers' Books (Evidence) Act 1949, and any written law.
90D CHAPTER VA ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS-90D. Application of Chapter VA.
90E CHAPTER VA ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS-90E. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters.
90F CHAPTER VA ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS-90F. Certificate relating to foreign evidence.
91 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
92 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-92. Exclusion of evidence of oral agreement.
93 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-93. Exclusion of evidence to explain or amend ambiguous document.
94 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-94. Exclusion of evidence against application of document to existing facts.
95 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-95. Evidence as to document unmeaning in reference to existing facts.
96 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-96. Evidence as to application of language which can apply to one only of several persons.
97 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies.
98 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-98. Evidence as to meaning of illegible characters, etc.
99 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-99. Who may give evidence of agreement varying terms of document.
100 CHAPTER VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE-100. Construction of wills.
101 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-101. Burden of proof.
102 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-102. On whom burden of proof lies.
103 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-103. Burden of proof as to particular fact.
104 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-104. Burden of proving fact to be proved to make evidence admissible.
105 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-105. Burden of proving that case of accused comes within exceptions.
106 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-106. Burden of proving fact especially within knowledge.
107 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-107. Burden of proving death of person known to have been alive within 30 years.
108 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-108. Burden of proving that person is alive who has not been heard of for 7 years.
109 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
110 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-110. Burden of proof as to ownership.
111 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-111. Proof of good faith in transactions where one party is in relation of active confidence.
112 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-112. Birth during marriage conclusive proof of legitimacy.
113 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-113. Presumption that boy under 13 cannot commit rape.
114 PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-114. Court may presume existence of certain fact.
114A PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII BURDEN OF PROOF-114A. Presumption of fact in publication.
115 CHAPTER VIII ESTOPPEL-115. Estoppel.
116 CHAPTER VIII ESTOPPEL-116. Estoppel of tenant and of licensee of person in possession.
117 CHAPTER VIII ESTOPPEL-117. Estoppel of acceptor of bill of exchange, bailee or licensee.
118 CHAPTER IX WITNESSES-118. Who may testify.
119 CHAPTER IX WITNESSES-119. Dumb witnesses.
120 CHAPTER IX WITNESSES-120. Parties to civil suits and wives and husbands.
121 CHAPTER IX WITNESSES-121. Judges, Sessions Court Judges and Magistrates.
122 CHAPTER IX WITNESSES-122. Communications during marriage.
123 CHAPTER IX WITNESSES-123. Evidence as to affairs of State.
124 CHAPTER IX WITNESSES-124. Official communications.
125 CHAPTER IX WITNESSES-125. Information as to commission of offences.
126 CHAPTER IX WITNESSES-126. Professional communications.
127 CHAPTER IX WITNESSES-127. Section 126 to apply to interpreters, etc.
128 CHAPTER IX WITNESSES-128. Privilege not waived by volunteering evidence.
129 CHAPTER IX WITNESSES-129. Confidential communications with legal advisers.
130 CHAPTER IX WITNESSES-130. Production of title deeds of witness not a party.
131 CHAPTER IX WITNESSES-131. Production of documents which another person having possession could refuse to produce.
132 CHAPTER IX WITNESSES-132. Witness not excused from answering on ground that answer will criminate.
133 CHAPTER IX WITNESSES-133. Accomplice.
133A CHAPTER IX WITNESSES-133A. Evidence of child of tender years.
134 CHAPTER IX WITNESSES-134. Number of witnesses.
135 CHAPTER X EXAMINATION OF WITNESSES-135. Order of production and examination of witnesses.
136 CHAPTER X EXAMINATION OF WITNESSES-136. Court to decide as to admissibility of evidence.
137 CHAPTER X EXAMINATION OF WITNESSES-137. Examination-in-chief, cross-examination and re-examination.
138 CHAPTER X EXAMINATION OF WITNESSES-138. Order of examinations and direction of re-examination.
139 CHAPTER X EXAMINATION OF WITNESSES-139. Cross-examination of person called to produce a document.
140 CHAPTER X EXAMINATION OF WITNESSES-140. Witnesses to character.
141 CHAPTER X EXAMINATION OF WITNESSES-141. Leading questions.
142 CHAPTER X EXAMINATION OF WITNESSES-142. When leading questions may not be asked.
143 CHAPTER X EXAMINATION OF WITNESSES-143. When leading questions may be asked.
144 CHAPTER X EXAMINATION OF WITNESSES-144. Evidence as to matters in writing.
145 CHAPTER X EXAMINATION OF WITNESSES-145. Cross-examination as to previous statements in writing.
146 CHAPTER X EXAMINATION OF WITNESSES-146. Questions lawful in cross-examination.
146A CHAPTER X EXAMINATION OF WITNESSES-146A. Restrictions on evidence at trials for rape.
147 CHAPTER X EXAMINATION OF WITNESSES-147. When witness to be compelled to answer.
148 CHAPTER X EXAMINATION OF WITNESSES-148. Court to decide, when question shall be asked and when witness compelled to answer.
149 CHAPTER X EXAMINATION OF WITNESSES-149. Question not to be asked without reasonable grounds.
150 CHAPTER X EXAMINATION OF WITNESSES-150. Procedure of court in case of question being asked without reasonable grounds.
151 CHAPTER X EXAMINATION OF WITNESSES-151. Indecent and scandalous questions.
152 CHAPTER X EXAMINATION OF WITNESSES-152. Questions intended to insult or annoy.
153 CHAPTER X EXAMINATION OF WITNESSES-153. Exclusion of evidence to contradict answers to questions testing veracity.
154 CHAPTER X EXAMINATION OF WITNESSES-154. Question by party to his own witness.
155 CHAPTER X EXAMINATION OF WITNESSES-155. Impeaching credit of witness.
156 CHAPTER X EXAMINATION OF WITNESSES-156. Questions tending to corroborate evidence of relevant fact admissible.
157 CHAPTER X EXAMINATION OF WITNESSES-157. Former statements of witness may be proved to corroborate later testimony as to same fact.
158 CHAPTER X EXAMINATION OF WITNESSES-158. What matters may be proved in connection with proved statement relevant under section 32 or 33.
159 CHAPTER X EXAMINATION OF WITNESSES-159. Refreshing memory.
160 CHAPTER X EXAMINATION OF WITNESSES-160. Testimony to facts stated in document mentioned in section 159.
161 CHAPTER X EXAMINATION OF WITNESSES-161. Right of adverse party as to writing used to refresh memory.
162 CHAPTER X EXAMINATION OF WITNESSES-162. Production of documents and their translation.
163 CHAPTER X EXAMINATION OF WITNESSES-163. Giving as evidence of document called for and produced on notice.
164 CHAPTER X EXAMINATION OF WITNESSES-164. Using as evidence of document production of which was refused on notice.
165 CHAPTER X EXAMINATION OF WITNESSES-165. Judge's power to put questions or order production.
166 CHAPTER X EXAMINATION OF WITNESSES-166. Power of jury or assessors to put questions.
167 CHAPTER XI IMPROPER ADMISSION AND REJECTION OF EVIDENCE-167. No new trial for improper admission or rejection of evidence.
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