The Indian Evidence Act, 1872

Central Act · Act 1 of 1872181 provisions1,288 citing judgments

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it.

The enactment

Full text, provision by provision

Every provision below opens in full, free and without an account.

• Section 1 Short title3 citing judgments
• Section 3 Interpretation-clause41 citing judgments
• Section 4 May Presume16 citing judgments
• Section 5 Evidence may be given of facts in issue and relevant facts8 citing judgments
• Section 6 Relevancy of facts forming part of same transaction3 citing judgments
• Section 7 Facts which are the occasion, cause or effect of facts in issue6 citing judgments
• Section 8 Motive, preparation and previous or subsequent conduct42 citing judgments
• Section 9 Facts necessary to explain or introduce relevant facts10 citing judgments
• Section 10 Things said or done by conspirator in reference to common design1 citing judgment
• Section 11 When facts not otherwise relevant become relevant9 citing judgments
• Section 12 In suits for damages, facts tending to enable Court to determine amount are relevant5 citing judgments
• Section 13 Facts relevant when right or custom is in question7 citing judgments
• Section 14 Facts showing existence of state of mind, or of body, or bodily feeling8 citing judgments
• Section 15 Facts bearing on question whether act was accidental or intentional7 citing judgments
• Section 16 Existence of course of business when relevant1 citing judgment
• Section 17 Admission defined10 citing judgments
• Section 18 Admission –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived11 citing judgments
• Section 19 Admissions by persons whose position must be proved as against party to suit5 citing judgments
• Section 20 Admissions by persons expressly referred to by party to suit8 citing judgments
• Section 21 Proof of admissions against persons making them, and by or on their behalf3 citing judgments
• Section 22 When oral admissions as to contents of documents are relevant4 citing judgments
• Section 22A When oral admission as to contents of electronic records are relevant
• Section 23 Admissions in civil cases when relevant6 citing judgments
• Section 24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding15 citing judgments
• Section 25 Confession to police-officer not to be proved41 citing judgments
• Section 26 Confession by accused while in custody of Police not to be proved against him27 citing judgments
• Section 27 How much of information received from accused, may be proved126 citing judgments
• Section 28 Confession made after removal of impression caused by inducement, threat or promise, relevant2 citing judgments
• Section 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc2 citing judgments
• Section 30 Consideration of proved confession affecting person making it and others jointly under trial for same offence14 citing judgments
• Section 31 Admissions not conclusive proof, but may estop4 citing judgments
• Section 32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc17 citing judgments
• Section 33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated9 citing judgments
• Section 34 Entries in books of account when relevant7 citing judgments
• Section 35 Relevancy of entry in public record made in performance of duty14 citing judgments
• Section 36 Relevancy of statements in maps, charts and plans1 citing judgment
• Section 37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications1 citing judgment
• Section 38 Relevancy of statements as to any law contained in law-books1 citing judgment
• Section 39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
• Section 40 Previous judgments relevant to bar a second suit or trial10 citing judgments
• Section 41 Relevancy of certain judgments in probate, etc9 citing judgments
• Section 42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 417 citing judgments
• Section 43 Judgments, etc8 citing judgments
• Section 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved2 citing judgments
• Section 45 Opinions of experts24 citing judgments
• Section 45A Opinion of Examiner of Electronic Evidence
• Section 46 Facts bearing upon opinions of experts2 citing judgments
• Section 47 Opinion as to handwriting, when relevant6 citing judgments
• Section 47A Opinion as to digital signature, when relevant
• Section 48 Opinion as to existence of right or custom, when relevant2 citing judgments
• Section 49 Opinion as to usages, tenets, etc3 citing judgments
• Section 50 Opinion on relationship, when relevant4 citing judgments
• Section 51 Grounds of opinion, when relevant1 citing judgment
• Section 52 In civil cases character to prove conduct imputed, irrelevant3 citing judgments
• Section 53 In criminal cases previous good character relevant
• Section 53A Evidence of character or previous sexual experience not relevant in certain cases1 citing judgment
• Section 54 Previous bad character not relevant, except in reply4 citing judgments
• Section 55 Character as affecting damages
• Section 56 Fact judicially noticeable need not be proved2 citing judgments
• Section 57 Facts of which Court must take judicial notice2 citing judgments
• Section 58 Facts admitted need not be proved8 citing judgments
• Section 59 Proof of facts by oral evidence8 citing judgments
• Section 60 Oral evidence must be direct7 citing judgments
• Section 61 Proof of contents of documents4 citing judgments
• Section 62 Primary evidence9 citing judgments
• Section 63 Secondary evidence19 citing judgments
• Section 64 Proof of documents by primary evidence4 citing judgments
• Section 65 Cases in which secondary evidence relating to documents may be given22 citing judgments
• Section 65A Special provisions as to evidence relating to electronic record3 citing judgments
• Section 65B Admissibility of electronic records31 citing judgments
• Section 66 Rules as to notice to produce3 citing judgments
• Section 67 Proof of signature and handwriting of person alleged to have signed or written document produced6 citing judgments
• Section 67A Proof as to electronic signature
• Section 68 Proof of execution of document required by law to be attested31 citing judgments
• Section 69 Proof where no attesting witness found4 citing judgments
• Section 70 Admission of execution by party to attested document4 citing judgments
• Section 71 Proof when attesting witness denies the execution5 citing judgments
• Section 72 Proof of document not required by law to be attested1 citing judgment
• Section 73 Comparison of signature, writing or seal with others admitted or proved11 citing judgments
• Section 73A Proof as to verification of digital signature
• Section 74 Public documents8 citing judgments
• Section 76 Certified copies of public documents3 citing judgments
• Section 77 Proof of documents by production of certified copies
• Section 78 Proof of other official documents1 citing judgment
• Section 79 Presumption as to genuineness of certified copies2 citing judgments
• Section 80 Presumption as to documents produced as record of evidence2 citing judgments
• Section 81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents2 citing judgments
• Section 81A Presumption as to Gazettes in electronic forms
• Section 82 Presumption as to document admissible in England without proof of seal or signature1 citing judgment
• Section 83 Presumption as to maps or plans made by authority of Government2 citing judgments
• Section 84 Presumption as to collections of laws and reports of decisions1 citing judgment
• Section 85 Presumptions as to powers-of-attorney1 citing judgment
• Section 85A Presumption as to electronic agreements1 citing judgment
• Section 85B Presumption as to electronic records and electronic signatures1 citing judgment
• Section 85C Presumption as to Electronic Signature Certificates
• Section 86 Presumption as to certified copies of foreign judicial records1 citing judgment
• Section 87 Presumption as to books, maps and charts1 citing judgment
• Section 88 Presumption as to telegraphic messages1 citing judgment
• Section 88A Presumption as to electronic messages
• Section 89 Presumption as to due execution, etc2 citing judgments
• Section 90 Presumption as to documents thirty years old5 citing judgments
• Section 90A Presumption as to electronic records five years old1 citing judgment
• Section 91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document10 citing judgments
• Section 92 Exclusion of evidence of oral agreement14 citing judgments
• Section 93 Exclusion of evidence to explain or amend ambiguous document4 citing judgments
• Section 94 Exclusion of evidence against application of document to existing facts7 citing judgments
• Section 95 Evidence as to document unmeaning in reference to existing facts4 citing judgments
• Section 96 Evidence as to application of language which can apply to one only of several persons4 citing judgments
• Section 97 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies5 citing judgments
• Section 98 Evidence as to meaning of illegible characters, etc4 citing judgments
• Section 99 Who may give evidence of agreement varying terms of document1 citing judgment
• Section 100 Saving of provisions of Indian Succession Act relating to wills1 citing judgment
• Section 101 Burden of proof15 citing judgments
• Section 102 On whom burden of proof lies9 citing judgments
• Section 103 Burden of proof as to particular fact6 citing judgments
• Section 104 Burden of proving fact to be proved to make evidence admissible3 citing judgments
• Section 105 Burden of proving that case of accused comes within exceptions17 citing judgments
• Section 106 Burden of proving fact especially within knowledge75 citing judgments
• Section 107 Burden of proving death of person known to have been alive within thirty years2 citing judgments
• Section 108 Burden of proving that person is alive who has not been heard of for seven years10 citing judgments
• Section 109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
• Section 110 Burden of proof as to ownership4 citing judgments
• Section 111 Proof of good faith in transactions where one party is in relation of active confidence1 citing judgment
• Section 111A Presumption as to certain offences
• Section 112 Birth during marriage, conclusive proof of legitimacy4 citing judgments
• Section 113 Proof of cession of territory3 citing judgments
• Section 113A Presumption as to abetment of suicide by a married woman7 citing judgments
• Section 113B Presumption as to dowry death14 citing judgments
• Section 114 Court may presume existence of certain facts60 citing judgments
• Section 114A Presumption as to absence of consent in certain prosecution for rape2 citing judgments
• Section 115 Estoppel6 citing judgments
• Section 116 Estoppel of tenants and of licensee of person in possession2 citing judgments
• Section 117 Estoppel of acceptor of bill of exchange, bailee or licensee
• Section 118 Who may testify12 citing judgments
• Section 119 Witness unable to communicate verbally1 citing judgment
• Section 120 Parties to civil suit, and their wives or husbands4 citing judgments
• Section 121 Judges and Magistrates
• Section 122 Communications during marriage3 citing judgments
• Section 123 Evidence as to affairs of State15 citing judgments
• Section 124 Official communications15 citing judgments
• Section 125 Information as to commission of offences
• Section 126 Professional communications5 citing judgments
• Section 127 Section 126 to apply to interpreters, etc
• Section 128 Privilege not waived by volunteering evidence
• Section 129 Confidential communications with legal advisers1 citing judgment
• Section 130 Production of title-deeds of witness not a party
• Section 131 Production of documents or electronic records which another person, having possession, could refuse to produce
• Section 132 Witness not excused from answering on ground that answer will criminate2 citing judgments
• Section 133 Accomplice1 citing judgment
• Section 134 Number of witnesses10 citing judgments
• Section 135 Order of production and examination of witnesses1 citing judgment
• Section 136 Judge to decide as to admissibility of evidence
• Section 137 Examination-in-chief2 citing judgments
• Section 138 Order of examinations11 citing judgments
• Section 139 Cross-examination of person called to produce a document7 citing judgments
• Section 141 Leading questions3 citing judgments
• Section 142 When they must not be asked2 citing judgments
• Section 144 Evidence as to matters in writing
• Section 145 Cross-examination as to previous statements in writing25 citing judgments
• Section 146 Questions lawful in cross-examination3 citing judgments
• Section 147 When witness to be compelled to answer2 citing judgments
• Section 148 Court to decide when question shall be asked and when witness compelled to answer2 citing judgments
• Section 149 Question not to be asked without reasonable grounds1 citing judgment
• Section 150 Procedure of Court in case of question being asked without reasonable grounds
• Section 151 Indecent and scandalous questions
• Section 152 Questions intended to insult or annoy
• Section 153 Exclusion of evidence to contradict answers to questions testing veracity
• Section 154 Question by party to his own witness5 citing judgments
• Section 155 Impeaching credit of witness4 citing judgments
• Section 156 Questions tending to corroborate evidence of relevant fact, admissible
• Section 157 Former statements of witness may be proved to corroborate later testimony as to same fact12 citing judgments
• Section 158 What matters may be proved in connection with proved statement relevant under section 32 or 33
• Section 159 Refreshing memory1 citing judgment
• Section 160 Testimony to facts stated in document mentioned in section159
• Section 161 Right of adverse party as to writing used to refresh memory7 citing judgments
• Section 162 Production of documents12 citing judgments
• Section 163 Giving, as evidence, of document called for and produced on notice
• Section 164 Using, as evidence, of document production of which was refused on notice5 citing judgments
• Section 165 Judge’s power to put questions or order production18 citing judgments
• Section 166 Power of jury or assessors to put questions
• Section 167 No new trial for improper admission or rejection of evidence1 citing judgment