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Indian Evidence Act, 1872

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Chapters
11
Sections
181

About this act

Overview & editorial context

The Indian Evidence Act, 1872

The Indian Evidence Act, 1872, is the foundational law governing the admissibility and relevance of evidence in Indian courts. It provides a comprehensive framework for determining what evidence can be presented in court and how it should be evaluated.

Key Provisions:

  • Relevance of Facts: Defines what facts are relevant to a case and can be presented as evidence. This includes facts in issue, relevant facts, and facts connected with facts in issue.
  • Admissions and Confessions: Outlines the rules regarding admissions made by parties to a case and confessions made by accused persons.
  • Oral and Documentary Evidence: Differentiates between oral testimony and documentary evidence, outlining the rules for proving each.
  • Presumptions: Establishes certain presumptions that can be made in the absence of contrary evidence.
  • Burden of Proof: Determines who bears the burden of proving a particular fact in a case.
  • Expert Evidence: Provides guidelines for the admissibility and weight of expert testimony.

Significance:

The Indian Evidence Act plays a crucial role in ensuring fair trials. It prevents irrelevant or prejudicial evidence from being introduced, protects the rights of the accused, and helps the court arrive at a just decision.

Challenges and Reforms:

While the Act has served as a cornerstone of the Indian legal system, it has faced criticism for being outdated in certain areas, particularly in light of technological advancements. There have been calls for amendments to accommodate new forms of evidence, such as electronic evidence, and to address challenges related to expert testimony and witness credibility.

Despite its limitations, the Indian Evidence Act remains a vital tool for the administration of justice in India. It provides a structured framework for the evaluation of evidence, ensuring fairness and impartiality in the judicial process.

Change summary

This act is replaced by The Bharatiya Sakshya Adhiniyam, 2023

2 Added
5 Deleted

Section index

Browse chapters & sections

Each section opens its dedicated LawFinder page for notes, bookmarks, and related references.

Chapter I

Chapter I

3 sections
§ 1 Short title, extent and commencement
§ 3 Interpretation clause
§ 4 "May presume"
Chapter II

Chapter II

52 sections
§ 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 or bodily feeling
§ 15 Facts bearing on question whether act was accidental or intentional
§ 16 Existence of course of business when relevant
§ 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 Admission in civil cases relevant
§ 24 Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
§ 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 Admission not conclusive proof, but may estop
§ 32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant
§ 33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
§ 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
§ 39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
§ 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 Judgment, 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
§ 45 Opinions of experts
§ 46 Facts bearing upon opinions of experts
§ 47 Opinion as to handwriting, when relevant
§ 47A Opinion as to digital signature where relevant
§ 48 Opinion as to existence of right or custom, when relevant
§ 49 Opinion as to usage, tenets, etc., when relevant
§ 50 Opinion on relationship, when relevant
§ 52 In civil cases character to prove conduct imputed, irrelevant
§ 53 In criminal cases previous good character relevant
§ 54 Previous bad character not relevant, except in reply
§ 55 Character as affecting damages
Chapter III

Chapter III

3 sections
§ 56 Fact Judicially noticeable need not be proved
§ 57 Facts of which Court must take judicial notice
§ 58 Facts admitted need not be proved
Chapter IV

Chapter IV

2 sections
§ 59 Proof of facts by oral evidence
§ 60 Oral evidence must be direct
Chapter V

Chapter V

40 sections
§ 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 digital 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 Proofs as to verification of digital signature
§ 74 Public documents
§ 75 Private documents
§ 76 Certified copies of public documents
§ 77 Proof of documents by production of certified copies
§ 78 Proof of other official 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 record and digital signatures
§ 85C Presumption as to Digital Signature Certificates
§ 86 Presumption as to certified copies of foreign judicial records
§ 87 Presumption as to books, maps and charts
§ 88 Presumption as to books, maps and charts
§ 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 year old
Chapter VI

Chapter VI

10 sections
§ 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 in 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

Chapter VII

18 sections
§ 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 women
§ 113B Presumption as to dowry death
§ 114 Court may presume existence of certain acts
§ 114A Presumption as to absence of consent in certain prosecutions for rape
Chapter VIII

Chapter VIII

3 sections
§ 115 Estoppel
§ 116 Estoppel of tenant; and of license of person in possession
§ 117 Estoppel of acceptor of bill of exchange, bailee or licensee
Chapter IX

Chapter IX

17 sections
§ 118 Who may testify
§ 119 Dumb witnesses
§ 120 Parties to civil suit, and their wives or husbands, Husbands 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 communication
§ 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

Chapter X

32 sections
§ 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 Productions 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

Chapter XI

1 section
§ 167 No new trial for improper admission or rejection or evidence

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