4. May Presume- Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Shall presume– Whenever it s directed by this Act that the Court shall presumeRead…
112. Birth during marriage, conclusive proof of legitimacy. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is theRead…
159. Refreshing memory. A witness may, while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in hisRead…
1. Short title, extent and commencement. This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India except the State of Jammu & Kashmir and applies to all judicial proceedings in or before any Court, including Court Martial, other than Court Martial convened underRead…
2. Repeal of enactments. This section was repealed by the Repealing Act 1938. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
3. Interpretation Clause. In this Act the following words and expressions are used in the following sense. Unless a contrary intention appears from the context- Court- Includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. Fact- Fact means and includes- i) any thing, stateRead…
5. Evidence may be given of facts in issue and relevant facts. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts which are declared to be relevant, and of no others. Note- This section shall notRead…
6. Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations- (a) ARead…
7. Facts which are occasion, cause or effect of facts in issue. Facts which are occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction,Read…
8. Motive preparation and previous or subsequent conduct. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit orRead…
9. Facts necessary to explain or introduce relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identityRead…
10. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to theirRead…
11. When Facts not otherwise relevant become relevant. Facts not otherwise relevant, are relevant, a- if they are inconsistent with any fact in issue or relevant fact. b- if by themselves or in connection with other facts they make the existence or non- existence of any fact in issue orRead…
12. In suits for damages, facts tending to enable Court to determine amount are relevant. In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant. Read Indian Evidence Act in a beautiful, systematicRead…
13. Facts relevant when right or custom is in question. Where the question is as to existence of any right or custom, the following facts are relevant; (a) Any transaction by which the right or custom in question was created, claimed modified, recognised, asserted or denied, or which was inconsistentRead…
14. Facts showing existence of state of mind or of body or bodily feeling. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling,Read…
15. Facts bearing on question whether act was accidental or intentional. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrence, in each of which the personRead…
16. Existence of course of business when relevant. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations- (a) The question is, whether a particular letter was dispatched. TheRead…
17. Admission defined. An admission is a statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned. Comment: Admissibility is substantive evidence of the fact- Admissibility is substantive evidenceRead…
18. Admission by party to proceeding or his agent. Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to made them, are admissions. By suitor inRead…
19. Admissions by persons whose position must be proved as against party to suit. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to suchRead…
20. Admission by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration- The question is, whether a horse sold by A to B is sound.Read…
21. Proof of admission against persons making them, and by or on their behalf. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they con not be proved by or on behalf of the person who makes them orRead…
22. When oral admission as to contents of documents are relevant. Oral admissions as to the contents of a document are not relevant unless and until the party proposing them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained,Read…
22A. When oral admissions as to contents of electronic records are relevant. Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise.Read…
23. Admission in Civil cases, when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of itRead…
24. Confession by inducement, threat or promise when irrelevant in criminal proceeding. A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise, having reference to the chargeRead…
25. Confession to police officer not to be proved. No confession made to police officer shall be proved as against a person accused of any offence. Related to this Section- Section 162 of Code of Criminal Procedure, 1973. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
26. Confession by accused while in custody of police not to be proved against him. No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Explanation- InRead…
27. How much of information received from accused may be proved. Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to aRead…
28. Confession made after removal of impression caused by inducement, threat or promise, relevant. If such a confession as is referred to in Section 24 is made after the impression caused by any inducement, threat or promise has, in the opinion of the Court been fully removed it is relevant.Read…
29. Confession otherwise relevant not to become irrelevant because of promise of secretary etc. If such a confession is otherwise relevant, it does not become it was made under a promise of secrecy. or in consequence of a deception practiced on the accused person for the purpose of obtaining it,Read…
30. Consideration of proved confession affecting person making it and others jointly under trail for same offence. When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, theRead…
31. Admissions not conclusive proof but may estop. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions hereinafter contained. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
32. Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendanceRead…
33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it is relevant for the purpose of proving, in a subsequent judicial proceeding, or in aRead…
34. Entries in books of account including those maintained in an electronic form, when relevant. Entries in books of accounts including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, butRead…
35. Relevancy of entry in public [record or an electronic record] made in performance of duty. An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge ofRead…
36. Relevancy of statements in maps, charts and plans. Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or any State Government, as to matters usually representedRead…
37. Relevancy of statement as to fact of public nature, contained in certain Acts or notifications. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament ofRead…
38. Relevancy of statements as to any law contained in law books. When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of suchRead…
39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained inRead…
40. Previous judgments relevant to bar a second suit or trial. The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is, whether such Court ought to take cognizanceRead…
41. Relevancy of certain judgments in probate etc., jurisdiction. A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be entitled toRead…
42. Relevancy and effect of judgment, order or decrees, other than those mentioned in Section 41. Judgments, orders or decrees other than those mentioned in Section 41, are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are notRead…
43. Judgment etc, other than those mentioned in Section 40 to 42 when relevant. Judgments, orders or decrees other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant, under some otherRead…
44. Fraud or collusion in obtaining judgment, or incompetence of Court may be proved. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under Section 40, 41 or 42 and which has been proved by the adverse party, was deliveredRead…
45. Opinions of experts. When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or inRead…
45A. Opinion of Examiner of electronic evidence. When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to inRead…
46. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts when such opinions are relevant. Illustrations- (a) The question is, whether A was poisoned by a certain poison. The fact that other persons who were poisonedRead…
47. Opinions as to handwriting when relevant. When the Court has to form an opinion as to the person by whom document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that itRead…
47A. Opinion as to electronic signature when relevant. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the electronic Signature Certificate is a relevant fact. Read Indian Evidence Act in a beautiful, systematic way.Read…
48. Opinion as to existence of right or custom when relevant. When the Court has to form an opinion as to existence of any general custom or right, the opinions as to the existence of such custom or rights, of persons who would be likely to know of its existenceRead…
49. Opinion as to usages, tenants etc when relevant. When the Court has to form an opinion as to – the usage’s and tenants of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used inRead…
50. Opinion on relationship when relevant. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special meansRead…
51. Grounds of opinion when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration– An expert may give an account of experiments performed by him for the purpose of forming his opinion. Read Indian Evidence Act inRead…
52. In civil cases character to prove conduct imputed, irrelevant. In civil cases, the fact that the character of any person concerned is such as to render probable or improbably any conduct imputed to him, is irrelevant except in so far as such character appears from facts otherwise relevant. ReadRead…
53. In criminal cases, previous good character relevant. In criminal proceedings the fact that the person accused is of good character, is relevant. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
53A. Evidence of character or previous sexual experience not relevant in certain cases. In the prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB*, section 376B, section 376C, section 376D, section 376DA*, section 376DB* or section 376E of theRead…
54. Previous bad character not relevant except in reply. In criminal proceedings the fact that the accused person had a bad character is irrelevant, unless evidence has been given that he has a character in which case it becomes relevant. Explanation 1- This section does not apply to cases inRead…
55. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant. Explanation- In Section 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but exceptRead…
56. Fact Judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Comments: Judicial Notice of fact that many blind persons have acquired great academic distinctions can be taken by court. Related Case- Jai Shankar Prasad v. State of Bihar, 1993 ReadRead…
57. Facts of which Court must take judicial notice. The Court shall take judicial notice of the following facts- 1- All laws in force in the territory of India. 2- All public Acts passed or hereafter to be passed by Parliament of the United Kingdom, and all local and personal Acts directedRead…
58. Facts admitted need not be proved. No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleadingRead…
59. Proof of facts by oral evidence. All facts, except the contents of documents or electronic records may be proved by oral evidence. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
60. Oral evidence must be direct. Oral evidence must, in all cases whatever, be direct; that is to say- If it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it; If it refers to a fact whichRead…
61. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. Comment: (a) A man may lie but a document will never lie. Related Case- Afzauddin Ansari v. State of West Bengal, 1997 (b) Admission of a document amounts to admission ofRead…
62. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1- Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterparts, each counterpart being executed by one or some ofRead…
63. Secondary Evidence. Secondary evidence means and includes- 1. Certified copies given under the provisions hereinafter contained. 2. Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy and copies compared with such copies. 3. Copies made from or compared with the original.Read…
64. Proof of documents by primary evidence. Documents must be proved by primary evidence except in the cases hereinafter mentioned. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
65. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition or contents of a document in the following cases- (a) When the original is shown or appears to be in the possession or power– of the person against whomRead…
65A. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of section 65B. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
65B. Admissibility of electronic records. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to beRead…
66. Rules as to notice to produce. Secondary evidence of the contents of the documents referred to in Section 65, Clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, orRead…
67. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is allegedRead…
67A. Proof as to electronic signature. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such electronic signature is the electronic signature of the subscriber must be proved. Read IndianRead…
68. Proof of execution of document required by law to be attested. If a document is required by law to be attested it shall not be sued as evidence until one attesting witness at least has been called for the purpose of proving its execution if there be an attestingRead…
69. Proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature ofRead…
70. Admission of execution by party to attested document. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. Read Indian Evidence Act in aRead…
71. Proof when attesting witness denies the execution. If the attesting witness denies or does not recollect the execution of the document its execution may be proved by other evidence. *Object- (i) Section 71 is in the nature of a safeguard to the mandatory provisions of section 68, to meetRead…
72. Proof of document not required by law to be attested. An attested document not required by law to be attested may be proved as if it was unattested. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for EvidenceRead…
73. Comparison of signature, writing or seal with others admitted or proved. In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of theRead…
73A. Proof as to verification of digital signature. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct- (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b)Read…
74. Public documents. The following documents are public documents- (1) Documents forming the acts, or records of the acts- (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, [of any part of India or of the Commonwealth], or ofRead…
75. Private documents. All other documents are private. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
76. Certified copies of Public Documents. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor together with a certificate written at the foot ofRead…
77. Proof of documents by production of certified copies. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act eachRead…
78. Proof of other official documents. The following public documents may be proved as follows- (1) Acts, orders or notifications of the General Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government- By the records ofRead…
STATE AMENDMENT West Bengal After section 78, insert the following section, namely- 78A. Copies of public documents, to be as good as original documents in certain cases- Notwithstanding anything contained in this Act or any other law for the time being in force, where any public documents concerning any areas withinRead…
79. Presumption as to genuineness of certified copies. The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by anyRead…
80. Presumption as to documents produced as records of evidence. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by lawRead…
81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. The Court shall presume the genuineness of every document purporting to be the London Gazette, or any official Gazette or the Government Gazette of any colony, dependency or possession of the British Crown, or to be aRead…
81A. Presumption as to Gazettes in electronic forms. The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the formRead…
82. Presumption as to document admissible in England without proof of seal or signature. When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular inRead…
83. Presumption as to Maps or Plans made by authority of Government. The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate, but maps or plans made for the purposes ofRead…
84. Presumption as to collections of laws and reports of decisions. The Court shall presume the genuineness of every book purporting to be printed and published under the authority of the Government of any country, and to contain any of the laws of that country; and of every book purportingRead…
85. Presumption as to powers of attorney. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed andRead…
85A. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was so concluded by affixing the electronic signature of the parties. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act eachRead…
85B. Presumption as to electronic records and digital signatures. (1)In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceedings,Read…
85C. Presumption as to Digital Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. Read Indian Evidence ActRead…
86. Presumption as to certified copies of foreign judicial records. The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s dominions is genuine and accurate, if the document purports to beRead…
87. Presumption as to Books, Maps and Charts. The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection,Read…
88. Presumption as to Telegraphic Messages. The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the CourtRead…
88A. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall notRead…
89. Presumption as to due execution etc., of documents not produced. The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
90. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports toRead…
90A. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signatureRead…
91. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which anyRead…
92. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement orRead…
93. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations- (a) A agrees, in writing, to sell a horse toRead…
94. Exclusion of evidence against application of document of existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustrations- A sells toRead…
95. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration- A sells to B, by deedRead…
96. Evidence as to application of languages which can apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one of several persons orRead…
97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies. When the language used applies partly to one set of existing facts and, partly to another set of existing facts, but the whole of it does not applyRead…
98. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local or provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration- A, a sculptor, agrees to sell toRead…
99. Who may give evidence of agreement varying term of document. Person who are not parties to document, or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document. Illustration- A and B make a contract in writingRead…
100. Saving of provisions of India Succession Act relating to wills. Nothing in this Chapter contained shall be taken to affect any of the provisions of the Succession Act (X of 1865) as to the construction to wills. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
101. Burden of Proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that theRead…
102. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustration- (a) A sues B for land of which B is in possession, and which, as ARead…
103. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration-Read…
104. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations- (a) A wishes toRead…
105. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, or within any special exception or proviso contained inRead…
106. Burden of proving fact specially within knowledge. When any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations- (a) When a person does an act with some intention other than that which the character and circumstances of the actRead…
107. Burden of proving death of person known to have been alive within thirty years. When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person whoRead…
108. Burden of proving that person is alive who has not been heard of for seven years. Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally haveRead…
109. Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving thatRead…
110. Burden of proof as to ownership. When the question is, whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. ReadRead…
111. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the goodRead…
111A. Presumption as to certain offences. (1) Where a person is accused of having committed any offence specified in sub-section (2), in- (a) any area declared to be disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenanceRead…
113. Proof of cession of territory. A notification in the Official Gazette that any portion of British territory has before the commencement of Part III of the Government of India Act,1935, (26 Geo. 5 Ch. 2) been caddied to any Native State, Prince or Ruler, shall be conclusive proof thatRead…
113A. Presumption as to abetment of suicide by a married women. When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven yearsRead…
113B. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry;Read…
114. Court may presume existence of certain facts. The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particularRead…
114A. Presumption as to absence of consent in certain prosecutions for rape. In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of Section 376 of the Indian Penal Code, where sexual intercourse byRead…
115. Estoppel. When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person orRead…
116. Estoppel of tenant and of license of person in possession. No tenant of immovable property of person claiming through such tenant shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to suchRead…
117. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority of draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor orRead…
118. Who may testify? All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answer to those questions, by tender years, extreme old age, disease, whether of body and mind, or any other causeRead…
119. Witness unable to communicate verbally/Dumb witness. A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence soRead…
120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husbandRead…
121. Judges and Magistrates. No Judge or Magistrate shall, except upon the special order of some Court of which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to any thing which came to his knowledgeRead…
122. Communications during marriage. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who madeRead…
123. Evidence as to affairs of State. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except wit the permission of the officer at the head of the department concerned, who shall give or withhold such permission as heRead…
124. Official communications. No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF forRead…
125. Information as to commission of offences. No Magistrate or Police officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue officer shall be compelled to say whence he got any information as to the commission of any offenceRead…
126. Professional communications. No barrister, attorney, pleader or Vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or Vakil, by or on behalf ofRead…
127. Section 126 to apply to interpreters etc. The provisions of Section 126 apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and Vakils. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
128. Privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in Section 126, and if any party to a suit or proceeding callsRead…
129. Confidential communication with legal advisers. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness in which case he may be compelled to disclose any such communication asRead…
130. Production of title-deeds of witness, not a party. No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee, or any document the production ofRead…
131. Production of documents or electronic records which another person, having possession could refuse to produce. Production of documents or electronic records which another person, having possession, could refuse to produce.- No one shall be compelled to produce documents in his possession or electronic records under his control, which anyRead…
132. Witness not excused from answering on ground that answer will criminate. A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to suchRead…
133. Accomplice. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. COMMENTS: Accomplice need not be judged by independent evidence- Every detail of the story of the accomplice need not beRead…
134. Number of witnesses. No particular number of witness shall in any case be required for the proof of any fact. COMMENTS: Merit of the statement is important- (i) It is well known principle of law that reliance can be based on the solitary statement of a witness if theRead…
135. Order of production and examination of witness. The order in which witness are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court.Read…
136. Judge to decide as to admissibility of evidence. When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if heRead…
137. Examination-in-chief. The examination of a witness, by the party who calls him, shall be called his examination-in-chief. Cross-examination- The examination of a witness by the adverse party shall be called his cross- examination. Re-examination- The examination of a witness, subsequent to the cross-examination by the party who called him, shall beRead…
138. Order of examinations. Witnesses shall be first examined-in-chief then (if the adverse party so desires) cross- examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevant facts but the cross- examination need not to be confined to the facts which theRead…
139. Cross-examination of person called to produce a document. A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examination, unless and until he is called as a witness. Read Indian Evidence Act in a beautiful, systematicRead…
140. Witness to character. Witnesses to character may be cross-examined and re-examined. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
141. Leading questions. Leading question- Any questions suggesting the answer which the person putting it wishes or expects to receive is called a leading question. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
142. When they must not be asked. Leading questions must not, if objected by the adverse party, be asked in an examination-in-chief, or in re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed or which have, inRead…
143. When they must be asked. Leading questions may be asked in cross-examination. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.Read…
144. Evidence as to matters in writing. Any witness may be asked while under examination, whether any contract, grant or other disposition of property as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about toRead…
145. Cross-examination as to previous statements in writing. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matter in question, without such writing being shown to him, or being proved; but if it is intended to contradict himRead…
146. Questions lawful in cross-examination. When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend- (1) to test his veracity, (2) to discover who he is and what is his position in life, (3) to shake his credit, byRead…
147. When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding the provisions of Section 132 shall apply thereto. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF forRead…
148. Court to decide when question shall be asked and when witness compelled to answer. If any such question relates to matter not relevant to the suit or proceeding, except in so far it affects the credit of the witness by injuring his character, the Court shall decide whether orRead…
149. Question not to be asked without reasonable grounds. No such question as is referred to in Section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. Illustration- (a) A barrister is instructed by an attorneyRead…
150. Procedure of Court in case of question being asked without reasonable grounds. If the court is of opinion that any such question asked was without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney report the circumstances of the case to the HighRead…
151. Indecent and scandalous questions. The Court may forbid any question or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court unless they relate to fact in issue or to matters necessary to be known inRead…
152. Question intended to insult or annoy. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
153. Exclusion of evidence to contradict answer to questions testing veracity. When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradictRead…
154. Question by party of his own witness. The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. Nothing in this section shall disentitle the person so permitted under sub-section (1),Read…
155. Impeaching credit of witness. The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him- (1) By the evidence of persons who testify that they, from their knowledge of the witnessRead…
156. Questions tending to corroborate evidence of relevant fact, admissible. When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred,Read…
157. Former statements of witness may be proved to corroborate later testimony as to same fact. In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before anyRead…
158. What matters may be proved in connection with proved statement relevant under Section 32 or 33. Whenever any statement relevant under Section 32 or 33 is proved, all matters may be proved either in order to contradict or to corroborate, or in order to impeach or confirm the creditRead…
160. Testimony to facts stated in document mentioned in Section 159. A witness may also testify to facts mentioned in any such document as is mentioned in Section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded inRead…
161. Right of adverse party as to writing used to refresh memory. Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness there upon. ReadRead…
162. Production of document. A witness summoned to produce a document shall, if it is in his possession or power, bring it to the Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on byRead…
163. Giving as evidence, of document called for and produced on notice. When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it asRead…
164. Using, as evidence, of document, production of which was refused on notice. When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. Illustration-Read…
165. Judge’s power to put questions or order production. The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form at any time, of any witness, or of the parties about any fact relevant or irrelevant; and mayRead…
166. Power of jury or assessors to put questions. In cases tried by jury or with assessors, the jury or assessors may put any question to the witnesses, through or by leave of the Judge, which the judge himself might put and which he considers proper. Read Indian EvidenceRead…
167. No new trial for improper admission or rejection of evidence. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that,Read…
