Evidence Act, 1872

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 andRead More →

112. Birth during marriage, conclusive proof of legitimacy. The fact that any person was born during the continuance of a valid marriage between his motherRead More →

159. Refreshing memory. A witness may, while under examination refresh his memory by referring to any writing made by himself at the time of theRead More →

1. Short title, extent and commencement. This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India except theRead More →

2. Repeal of enactments. This section was repealed by the Repealing Act 1938. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead More →

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-Read More →

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-existenceRead More →

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 formRead More →

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,Read More →

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 orRead More →

9. Facts necessary to explain or introduce relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which supportRead More →

10. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons haveRead More →

11. When Facts not otherwise relevant become relevant. Facts not otherwise relevant, are relevant, a- if they are inconsistent with any fact in issue orRead More →

12. In suits for damages, facts tending to enable Court to determine amount are relevant. In suits in which damages are claimed, any fact whichRead More →

13. Facts relevant when right or custom is in question. Where the question is as to existence of any right or custom, the following factsRead More →

14. Facts showing existence of state of mind or of body or bodily feeling. Facts showing the existence of any state of mind, such asRead More →

15. Facts bearing on question whether act was accidental or intentional. When there is a question whether an act was accidental or intentional, or doneRead More →

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,Read More →

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 whichRead More →

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,Read More →

19. Admissions by persons whose position must be proved as against party to suit. Statements made by persons whose position or liability it is necessaryRead More →

20. Admission by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referredRead More →

21. Proof of admission against persons making them, and by or on their behalf. Admissions are relevant and may be proved as against the personRead More →

22. When oral admission as to contents of documents are relevant. Oral admissions as to the contents of a document are not relevant unless andRead More →

22A. When oral admissions as to contents of electronic records are relevant. Oral admissions as to the contents of electronic records are not relevant, unlessRead More →

23. Admission in Civil cases, when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that evidenceRead More →

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,Read More →

25. Confession to police officer not to be proved. No confession made to police officer shall be proved as against a person accused of anyRead More →

26. Confession by accused while in custody of police not to be proved against him. No confession made by any person whilst he is inRead More →

27. How much of information received from accused may be proved. Provided that, when any fact is deposed to as discovered in consequence of informationRead More →

28. Confession made after removal of impression caused by inducement, threat or promise, relevant. If such a confession as is referred to in Section 24Read More →

29. Confession otherwise relevant not to become irrelevant because of promise of secretary etc. If such a confession is otherwise relevant, it does not becomeRead More →

30. Consideration of proved confession affecting person making it and others jointly under trail for same offence. When more persons than one are being triedRead More →

31. Admissions not conclusive proof but may estop. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under theRead More →

32. Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant. Statements, written or verbal, ofRead More →

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,Read More →

34. Entries in books of account including those maintained in an electronic form, when relevant. Entries in books of accounts including those maintained in anRead More →

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,Read More →

36. Relevancy of statements in maps, charts and plans. Statements of facts in issue or relevant facts, made in published maps or charts generally offeredRead More →

37. Relevancy of statement as to fact of public nature, contained in certain Acts or notifications. When the Court has to form an opinion asRead More →

38. Relevancy of statements as to any law contained in law books. When the Court has to form an opinion as to a law ofRead More →

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 statementRead More →

40. Previous judgments relevant to bar a second suit or trial. The existence of any judgment, order or decree which by law prevents any courtRead More →

41. Relevancy of certain judgments in probate etc., jurisdiction. A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiraltyRead More →

42. Relevancy and effect of judgment, order or decrees, other than those mentioned in Section 41. Judgments, orders or decrees other than those mentioned inRead More →

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,Read More →

44. Fraud or collusion in obtaining judgment, or incompetence of Court may be proved. Any party to a suit or other proceeding may show thatRead More →

45. Opinions of experts. When the Court has to form an opinion upon a point of foreign law, or of science, or art, or asRead More →

45A. Opinion of Examiner of electronic evidence. When in a proceeding, the court has to form an opinion on any matter relating to any informationRead More →

46. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts whenRead More →

47. Opinions as to handwriting when relevant. When the Court has to form an opinion as to the person by whom document was written orRead More →

47A. Opinion as to electronic signature when relevant. When the Court has to form an opinion as to the electronic signature of any person, theRead More →

48. Opinion as to existence of right or custom when relevant. When the Court has to form an opinion as to existence of any generalRead More →

49. Opinion as to usages, tenants etc when relevant. When the Court has to form an opinion as to – the usage’s and tenants ofRead More →

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,Read More →

51. Grounds of opinion when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are alsoRead More →

52. In civil cases character to prove conduct imputed, irrelevant. In civil cases, the fact that the character of any person concerned is such asRead More →

53. In criminal cases, previous good character relevant. In criminal proceedings the fact that the person accused is of good character, is relevant. Read IndianRead More →

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,Read More →

54. Previous bad character not relevant except in reply. In criminal proceedings the fact that the accused person had a bad character is irrelevant, unlessRead More →

55. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damagesRead More →

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 factRead More →

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 theRead More →

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 admitRead More →

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 ActRead More →

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 whichRead More →

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 lieRead More →

62. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1- Where a document is executed in severalRead More →

63. Secondary Evidence. Secondary evidence means and includes- 1. Certified copies given under the provisions hereinafter contained. 2. Copies made from the original by mechanicalRead More →

64. Proof of documents by primary evidence. Documents must be proved by primary evidence except in the cases hereinafter mentioned. Read Indian Evidence Act inRead More →

65. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition or contents of aRead More →

65A. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of sectionRead More →

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,Read More →

66. Rules as to notice to produce. Secondary evidence of the contents of the documents referred to in Section 65, Clause (a), shall not beRead More →

67. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed orRead More →

67A. Proof as to electronic signature. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged toRead More →

68. Proof of execution of document required by law to be attested. If a document is required by law to be attested it shall notRead More →

69. Proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed inRead More →

70. Admission of execution by party to attested document. The admission of a party to an attested document of its execution by himself shall beRead More →

71. Proof when attesting witness denies the execution. If the attesting witness denies or does not recollect the execution of the document its execution mayRead More →

72. Proof of document not required by law to be attested. An attested document not required by law to be attested may be proved asRead More →

73. Comparison of signature, writing or seal with others admitted or proved. In order to ascertain whether a signature, writing or seal is that ofRead More →

73A. Proof as to verification of digital signature. In order to ascertain whether a digital signature is that of the person by whom it purportsRead More →

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)Read More →

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,Read More →

76. Certified copies of Public Documents. Every public officer having the custody of a public document, which any person has a right to inspect, shallRead More →

77. Proof of documents by production of certified copies. Such certified copies may be produced in proof of the contents of the public documents orRead More →

78. Proof of other official documents. The following public documents may be proved as follows- (1) Acts, orders or notifications of the General Government inRead More →

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 certainRead More →

79. Presumption as to genuineness of certified copies. The Court shall presume to be genuine every document purporting to be a certificate, certified copy, orRead More →

80. Presumption as to documents produced as records of evidence. Whenever any document is produced before any Court, purporting to be a record or memorandumRead More →

81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. The Court shall presume the genuineness of every document purporting to beRead More →

81A. Presumption as to Gazettes in electronic forms. The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette orRead More →

82. Presumption as to document admissible in England without proof of seal or signature. When any document is produced before any Court, purporting to beRead More →

83. Presumption as to Maps or Plans made by authority of Government. The Court shall presume that maps or plans purporting to be made byRead More →

84. Presumption as to collections of laws and reports of decisions. The Court shall presume the genuineness of every book purporting to be printed andRead More →

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,Read More →

85A. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of theRead More →

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,Read More →

85C. Presumption as to Digital Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate isRead More →

86. Presumption as to certified copies of foreign judicial records. The Court may presume that any document purporting to be a certified copy of anyRead More →

87. Presumption as to Books, Maps and Charts. The Court may presume that any book to which it may refer for information on matters ofRead More →

88. Presumption as to Telegraphic Messages. The Court may presume that a message, forwarded from a telegraph office to the person to whom such messageRead More →

88A. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to theRead More →

89. Presumption as to due execution etc., of documents not produced. The Court shall presume that every document, called for and not produced after noticeRead More →

90. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody whichRead More →

90A. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from anyRead More →

91. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents. When the terms of a contract, or ofRead More →

92. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required byRead More →

93. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidenceRead More →

94. Exclusion of evidence against application of document of existing facts. When language used in a document is plain in itself, and when it appliesRead More →

95. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning inRead More →

96. Evidence as to application of languages which can apply to one only of several persons. When the facts are such that the language usedRead More →

97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies. When the languageRead More →

98. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, ofRead More →

99. Who may give evidence of agreement varying term of document. Person who are not parties to document, or their representatives in interest may giveRead More →

100. Saving of provisions of India Succession Act relating to wills. Nothing in this Chapter contained shall be taken to affect any of the provisionsRead More →

101. Burden of Proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts whichRead More →

102. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if noRead More →

103. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the CourtRead More →

104. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order toRead More →

105. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existenceRead More →

106. Burden of proving fact specially within knowledge. When any fact is specially within the knowledge of any person, the burden of proving that factRead More →

107. Burden of proving death of person known to have been alive within thirty years. When the question is whether a man is alive orRead More →

108. Burden of proving that person is alive who has not been heard of for seven years. Provided that when the question is whether aRead More →

109. Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent. When the question is whether persons areRead More →

110. Burden of proof as to ownership. When the question is, whether any person is owner of anything of which he is shown to beRead More →

111. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the goodRead More →

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 areaRead More →

113. Proof of cession of territory. A notification in the Official Gazette that any portion of British territory has before the commencement of Part IIIRead More →

113A. Presumption as to abetment of suicide by a married women. When the question is whether the commission of suicide by a woman had beenRead More →

113B. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a women and it is shownRead More →

114. Court may presume existence of certain facts. The Court may presume the existence of any fact which it thinks likely to have happened, regardRead More →

114A. Presumption as to absence of consent in certain prosecutions for rape. In a prosecution for rape under clause (a) or clause (b) or clauseRead More →

115. Estoppel. When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be trueRead More →

116. Estoppel of tenant and of license of person in possession. No tenant of immovable property of person claiming through such tenant shall, during theRead More →

117. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that theRead More →

118. Who may testify? All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put toRead More →

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 heRead More →

120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. In all civil proceedings the parties toRead More →

121. Judges and Magistrates. No Judge or Magistrate shall, except upon the special order of some Court of which he is subordinate, be compelled toRead More →

122. Communications during marriage. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage byRead More →

123. Evidence as to affairs of State. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairsRead More →

124. Official communications. No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interestsRead More →

125. Information as to commission of offences. No Magistrate or Police officer shall be compelled to say whence he got any information as to theRead More →

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 communicationRead More →

127. Section 126 to apply to interpreters etc. The provisions of Section 126 apply to interpreters, and the clerks or servants of barristers, pleaders, attorneysRead More →

128. Privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall notRead More →

129. Confidential communication with legal advisers. No one shall be compelled to disclose to the Court any confidential communication which has taken place between himRead More →

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 hisRead More →

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,Read More →

132. Witness not excused from answering on ground that answer will criminate. A witness shall not be excused from answering any question as to anyRead More →

133. Accomplice. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon theRead More →

134. Number of witnesses. No particular number of witness shall in any case be required for the proof of any fact. COMMENTS: Merit of theRead More →

135. Order of production and examination of witness. The order in which witness are produced and examined shall be regulated by the law and practiceRead More →

136. Judge to decide as to admissibility of evidence. When either party proposes to give evidence of any fact, the Judge may ask the partyRead More →

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 theRead More →

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 soRead More →

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 factRead More →

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 eachRead More →

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 More →

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,Read More →

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 ActRead More →

144. Evidence as to matters in writing. Any witness may be asked while under examination, whether any contract, grant or other disposition of property asRead More →

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 intoRead More →

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 whichRead More →

147. When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding the provisions ofRead More →

148. Court to decide when question shall be asked and when witness compelled to answer. If any such question relates to matter not relevant toRead More →

149. Question not to be asked without reasonable grounds. No such question as is referred to in Section 148 ought to be asked, unless theRead More →

150. Procedure of Court in case of question being asked without reasonable grounds. If the court is of opinion that any such question asked wasRead More →

151. Indecent and scandalous questions. The Court may forbid any question or inquiries which it regards as indecent or scandalous, although such questions or inquiriesRead More →

152. Question intended to insult or annoy. The Court shall forbid any question which appears to it to be intended to insult or annoy, orRead More →

153. Exclusion of evidence to contradict answer to questions testing veracity. When a witness has been asked and has answered any question which is relevantRead More →

154. Question by party of his own witness. The Court may, in its discretion, permit the person who calls a witness to put any questionRead More →

155. Impeaching credit of witness. The credit of a witness may be impeached in the following ways by the adverse party, or with the consentRead More →

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,Read More →

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,Read More →

158. What matters may be proved in connection with proved statement relevant under Section 32 or 33. Whenever any statement relevant under Section 32 orRead More →

160. Testimony to facts stated in document mentioned in Section 159. A witness may also testify to facts mentioned in any such document as isRead More →

161. Right of adverse party as to writing used to refresh memory. Any writing referred to under the provisions of the two last preceding sectionsRead More →

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,Read More →

163. Giving as evidence, of document called for and produced on notice. When a party calls for a document which he has given the otherRead More →

164. Using, as evidence, of document, production of which was refused on notice. When a party refuses to produce a document which he has hadRead More →

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, askRead More →

166. Power of jury or assessors to put questions. In cases tried by jury or with assessors, the jury or assessors may put any questionRead More →

167. No new trial for improper admission or rejection of evidence. The improper admission or rejection of evidence shall not be ground of itself forRead More →