Repealed Codes (for reference)
The Indian Evidence Act, 1872
Act 1 of 1872 · 185 sections · repealed
Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. The text is kept for reference and for comparison with the new law.
Practise questions on Criminal Law
Title, date and preamble
[15th March, 1872.]
Preamble.—WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is
hereby enacted as follows:—
Contents
CHAPTER I.––PRELIMINARY
CHAPTER II.––OF THE RELEVANCY OF FACTS
- 5.Evidence may be given of facts in issue and relevant facts
- 6.Relevancy of facts forming part of same transaction
- 7.Facts which are the occasion, cause or effect of facts in issue
- 8.Motive, preparation and previous or subsequent conduct
- 9.Facts necessary to explain or introduce relevant facts
- 10.Things said or done by conspirator in reference to common design
- 11.When facts not otherwise relevant become relevant
- 12.In suits for damages, facts tending to enable Court to determine amount are relevant
- 13.Facts relevant when right or custom is in question
- 14.Facts showing existence of state of mind, or of body of bodily feeling
- 15.Facts bearing on question whether act was accidental or intentional
- 16.Existence of course of business when relevant
ADMISSIONS
- 17.Admission defined
- 18.Admission by party to proceeding or his agent;
- 19.Admissions by persons whose position must be proved as against party to suit
- 20.Admissions by persons expressly referred to by party to suit
- 21.Proof of admissions against persons making them, and by or on their behalf
- 22.When oral admissions as to contents of documents are relevant
- 22A.When oral admission as to contents of electronic records are relevant
- 23.Admissions in civil cases when relevant
- 24.Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
- 25.Confession to police-officer not to be proved
- 26.Confession by accused while in custody of police not to be proved against him
- 27.How much of information received from accused may be proved
- 28.Confession made after removal of impression caused by inducement, threat or promise, relevant
- 29.Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
- 30.Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 31.Admissions not conclusive proof, but may estop
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
- 34.Entries in books of account when relevant
- 35.Relevancy of entry in public record made in performance of duty
- 36.Relevancy of statements in maps, charts and plans
- 37.Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 38.Relevancy of statements as to any law contained in law-books
HOW MUCH OF A STATEMENT IS TO BE PROVED
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
- 40.Previous judgments relevant to bar a second suit or trial
- 41.Relevancy of certain judgments in probate, etc., jurisdiction
- 42.Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
- 43.Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
- 44.Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
OPINIONS OF THIRD PERSONS WHEN RELEVANT
- 45.Opinions of experts
- 45A.Opinion of Examiner of Electronic Evidence
- 46.Facts bearing upon opinions of experts
- 47.Opinion as to hand-writing, when relevant
- 47A.Opinion as to [electronic signature], when relevant
- 48.Opinion as to existence of right or custom, when relevant
- 49.Opinion as to usages, tenets, etc., when relevant
- 50.Opinion on relationship, when relevant
- 51.Grounds of opinion, when relevant
CHARACTER WHEN RELEVANT
CHAPTER III.––FACTS WHICH NEED NOT BE PROVED
CHAPTER IV.–– OF ORAL EVIDENCE
CHAPTER V.––OF DOCUMENTARY EVIDENCE
- 61.Proof of contents of documents
- 62.Primary evidence
- 63.Secondary evidence
- 64.Proof of documents by primary evidence
- 65.Cases in which secondary evidence relating to documents may be given
- 65A.Special provisions as to evidence relating to electronic record
- 65B.Admissibility of electronic records
- 66.Rules as to notice to produce
- 67.Proof of signature and handwriting of person alleged to have signed or written document produced
- 67A.Proof as to [electronic signature]
- 68.Proof of execution of document required by law to be attested
- 69.Proof where no attesting witness found
- 70.Admission of execution by party to attested document
- 71.Proof when attesting witness denies the execution
- 72.Proof of document not required by law to be attested
- 73.Comparison of signature, writing or seal with others admitted or proved
- 73A.Proof as to verification of digital signature
PUBLIC DOCUMENTS
PRESUMPTIONS AS TO DOCUMENTS
- 79.Presumption as to genuineness of certified copies
- 80.Presumption as to documents produced as record of evidence
- 81.Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 81A.Presumption as to Gazettes in electronic forms
- 82.Presumption as to document admissible in England without proof of seal or signature
- 83.Presumption as to maps or plans made by authority of Government
- 84.Presumption as to collections of laws and reports of decisions
- 85.Presumption as to powers-of-attorney
- 85A.Presumption as to electronic agreements
- 85B.Presumption as to electronic records and [electronic signatures]
- 85C.Presumption as to [Electronic Signature Certificates]
- 86.Presumption as to certified copies of foreign judicial records
- 87.Presumption as to books, maps and charts
- 88.Presumption as to telegraphic messages
- 88A.Presumption as to electronic messages
- 89.Presumption as to due execution, etc., of documents not produced
- 90.Presumption as to documents thirty years old
- 90A.Presumption as to electronic records five years old
CHAPTER VI.––OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
- 91.Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- 92.Exclusion of evidence of oral agreement
- 93.Exclusion of evidence to explain or amend ambiguous document
- 94.Exclusion of evidence against application of document to existing facts
- 95.Evidence as to document unmeaning reference to existing facts
- 96.Evidence as to application of language which can apply to one only of several persons
- 97.Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- 98.Evidence as to meaning of illegible characters, etc
- 99.Who may give evidence of agreement varying terms of document
- 100.Saving of provisions of Indian Succession Act relating to wills
CHAPTER VII.––OF THE BURDEN OF PROOF
- 101.Burden of proof
- 102.On whom burden of proof lies
- 103.Burden of proof as to particular fact
- 104.Burden of proving fact to be proved to make evidence admissible
- 105.Burden of proving that case of accused comes within exceptions
- 106.Burden of proving fact especially within knowledge
- 107.Burden of proving death of person known to have been alive within thirty years
- 108.Burden of proving that person is alive who has not been heard of for seven years
- 109.Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110.Burden of proof as to ownership
- 111.Proof of good faith in transactions where one party is in relation of active confidence
- 111A.Presumption as to certain offences
- 112.Birth during marriage, conclusive proof of legitimacy
- 113.Proof of cession of territory
- 113A.Presumption as to abetment of suicide by a married woman
- 113B.Presumption as to dowry death
- 114.Court may presume existence of certain facts
- 114A.Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII.––ESTOPPEL
CHAPTER IX.––OF WITNESSES
- 118.Who may testify
- 119.Witness unable to communicate verbally
- 120.Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
- 121.Judges and Magistrates
- 122.Communications during marriage
- 123.Evidence as to affairs of State
- 124.Official communications
- 125.Information as to commission of offences
- 126.Professional communications
- 127.Section 126 to apply to interpreters, etc
- 128.Privilege not waived by volunteering evidence
- 129.Confidential communications with legal advisers
- 130.Production of title-deeds of witness not a party
- 131.Production of documents or electronic records which another person, having possession, could refuse to produce
- 132.Witness not excused from answering on ground that answer will criminate
- 133.Accomplice
- 134.Number of witnesses
CHAPTER X.––OF THE EXAMINATION OF WITNESSES
- 135.Order of production and examination of witnesses
- 136.Judge to decide as to admissibility of evidence
- 137.Examination-in-chief
- 138.Order of examinations
- 139.Cross-examination of person called to produce a document
- 140.Witnesses to character
- 141.Leading questions
- 142.When they must not be asked
- 143.When they may be asked
- 144.Evidence as to matters in writing
- 145.Cross-examination as to previous statements in writing
- 146.Questions lawful in cross-examination
- 147.When witness to be compelled to answer
- 148.Court to decide when question shall be asked and when witness compelled to answer
- 149.Question not to be asked without reasonable grounds
- 150.Procedure of Court in case of question being asked without reasonable grounds
- 151.Indecent and scandalous questions
- 152.Questions intended to insult or annoy
- 153.Exclusion of evidence to contradict answers to questions testing veracity
- 154.Question by party to his own witness
- 155.Impeaching credit of witness
- 156.Questions tending to corroborate evidence of relevant fact, admissible
- 157.Former statements of witness may be proved to corroborate later testimony as to same fact
- 158.What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159.Refreshing memory
- 160.Testimony to facts stated in document mentioned in section 159
- 161.Right of adverse party as to writing used to refresh memory
- 162.Production of documents
- 163.Giving, as evidence, of document called for and produced on notice
- 164.Using, as evidence, of document production of which was refused on notice
- 165.Judge’s power to put questions or order production
- 166.Power of jury or assessors to put questions
CHAPTER XI––OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Schedules and appendices
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