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CHAPTER VII.––OF THE BURDEN OF PROOF

Section 113: Proof of cession of territory

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

A notification in the official Gazette that any portion of British territory has 1[before the commencement of Part III of the Government of India Act, 1935 (26 Geo. 5, c. 2)] been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification.

Footnotes in the official text

  1. 1.Ins. by the A.O. 1937, Part III of the Government of India Act 1935, came into force on the 1st April, 1937.

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

113. Proof of cession of territory.Not carried into the new law

Questions on this section

1 question in 6 of our papers cite Section 113. Try these from the free papers:

  1. 1. Which of the following provisions of the Indian Evidence Act, 1872 have NO corresponding provision in the BSA? 1. Section 88 (presumption as to telegraphic messages) 2. Section 113 (proof of cession of territory) 3. Section 166 (power of jury or assessors to put questions) 4. Section 114A (presumption as to absence of consent in certain prosecutions for rape) Select the correct answer using the codes below.

Practise questions on Criminal Law