Replaced by BSAIEACentral laws1872
The Indian Evidence Act, 1872
Act No. 1 of 1872
- Sections
- 185
- Chapters
- 3
- Replaced by
- BSA, 2023
Contents
IChapter I.--preliminary · Chapter Ii.--of the Relevancy of Facts · Admissions · Statements by Persons Who Cannot Be Called as Witnesses · Statements Made Under Special Circumstances · How Much of a Statement Is to Be Proved · Judgments of Courts of Justice When Relevant · Opinions of Third Persons When Relevant · Character When Relevant§ 1–5559 sections1 repealed
Chapter I.--preliminary
Chapter Ii.--of the Relevancy of Facts
- 5Evidence may be given of facts in issue and relevant facts.
- 6Relevancy of facts forming part of same transaction.
- 7Facts which are the occasion, cause or effect of facts in issue.
- 8Motive, preparation and previous or subsequent conduct.
- 9Facts necessary to explain or introduce relevant facts.
- 10Things said or done by conspirator in reference to common design.
- 11When facts not otherwise relevant become relevant.
- 12In suits for damages, facts tending to enable Court to determine amount are relevant.
- 13Facts relevant when right or custom is in question.
- 14Facts showing existence of state of mind, or of body, or bodily feeling.
- 15Facts bearing on question whether act was accidental or intentional.
- 16Existence of course of business when relevant.
Admissions
- 17Admission defined.
- 18Admission ?? by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived.
- 19Admissions by persons whose position must be proved as against party to suit.
- 20Admissions by persons expressly referred to by party to suit.
- 21Proof of admissions against persons making them, and by or on their behalf.
- 22When oral admissions as to contents of documents are relevant.
- 22AWhen oral admission as to contents of electronic records are relevant.
- 23Admissions in civil cases when relevant.
- 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.
- 25Confession to police-officer not to be proved.
- 26Confession by accused while in custody of Police not to be proved against him.
- 27How much of information received from accused, may be proved.
- 28Confession made after removal of impression caused by inducement, threat or promise, relevant.
- 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
- 30Consideration of proved confession affecting person making it and others jointly under trial for same offence.
- 31Admissions not conclusive proof, but may estop.
Statements by Persons Who Cannot Be Called as Witnesses
- 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons, and expresses feelings relevant to matter in question.
- 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
Statements Made Under Special Circumstances
- 34Entries in books of account when relevant.
- 35Relevancy of entry in public record made in performance of duty.
- 36Relevancy of statements in maps, charts and plans.
- 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
- 38Relevancy of statements as to any law contained in law-books.
How Much of a Statement Is to Be Proved
Judgments of Courts of Justice When Relevant
- 40Previous judgments relevant to bar a second suit or trial.
- 41Relevancy of certain judgments in probate, etc., jurisdiction.
- 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.
- 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.
- 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
Opinions of Third Persons When Relevant
- 45Opinions of experts.
- 45AOpinion of Examiner of Electronic Evidence.
- 46Facts bearing upon opinions of experts.
- 47Opinion as to handwriting, when relevant.
- 47AOpinion as to digital signature, when relevant.
- 48Opinion as to existence of right or custom, when relevant.
- 49Opinion as to usages, tenets, etc., when relevant.
- 50Opinion on relationship, when relevant.
- 51Grounds of opinion, when relevant.
Character When Relevant
IIChapter Iii.--facts Which Need Not Be Proved · Chapter Iv.--of Oral Evidence · Chapter V.--of Documentary Evidence · Public Documents · Presumptions as to Documents · Chapter VI. –– of the Exclusion of Oral by Documentary Evidence§ 56–10055 sections
Chapter Iii.--facts Which Need Not Be Proved
Chapter Iv.--of Oral Evidence
Chapter V.--of Documentary Evidence
- 61Proof of contents of documents.
- 62Primary evidence.
- 63Secondary evidence.
- 64Proof of documents by primary evidence.
- 65Cases in which secondary evidence relating to documents may be given.
- 65ASpecial provisions as to evidence relating to electronic record.
- 65BAdmissibility of electronic records.
- 66Rules as to notice to produce.
- 67Proof of signature and handwriting of person alleged to have signed or written document produced.
- 67AProof as to electronic signature.
- 68Proof of execution of document required by law to be attested.
- 69Proof where no attesting witness found.
- 70Admission of execution by party to attested document.
- 71Proof when attesting witness denies the execution.
- 72Proof of document not required by law to be attested.
- 73Comparison of signature, writing or seal with others admitted or proved.
- 73AProof as to verification of digital signature.
Public Documents
Presumptions as to Documents
- 79Presumption as to genuineness of certified copies.
- 80Presumption as to documents produced as record of evidence.
- 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.
- 81APresumption as to Gazettes in electronic forms.
- 82Presumption as to document admissible in England without proof of seal or signature.
- 83Presumption as to maps or plans made by authority of Government.
- 84Presumption as to collections of laws and reports of decisions.
- 85Presumptions as to powers-of-attorney.
- 85APresumption as to electronic agreements.
- 85BPresumption as to electronic records and electronic signatures.
- 85CPresumption as to Electronic Signature Certificates.
- 86Presumption as to certified copies of foreign judicial records.
- 87Presumption as to books, maps and charts.
- 88Presumption as to telegraphic messages.
- 88APresumption as to electronic messages.
- 89Presumption as to due execution, etc., of documents not produced.
- 90Presumption as to documents thirty years old.
- 90APresumption as to electronic records five years old.
Chapter VI. –– of the Exclusion of Oral by Documentary Evidence
- 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
- 92Exclusion of evidence of oral agreement.
- 93Exclusion of evidence to explain or amend ambiguous document.
- 94Exclusion of evidence against application of document to existing facts.
- 95Evidence as to document unmeaning in reference to existing facts.
- 96Evidence as to application of language which can apply to one only of several persons.
- 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
- 98Evidence as to meaning of illegible characters, etc.
- 99Who may give evidence of agreement varying terms of document.
- 100Saving of provisions of Indian Succession Act relating to wills.
IIIChapter Vii.--of the Burden of Proof · Chapter Viii.--estoppel · Chapter Ix.--of Witnesses · Chapter X.--of the Examination of Witnesses · Chapter Xi.--of Improper Admission and Rejection of Evidence§ 101–16771 sections
Chapter Vii.--of the Burden of Proof
- 101Burden of proof.
- 102On whom burden of proof lies.
- 103Burden of proof as to particular fact.
- 104Burden of proving fact to be proved to make evidence admissible.
- 105Burden of proving that case of accused comes within exceptions.
- 106Burden of proving fact especially within knowledge.
- 107Burden of proving death of person known to have been alive within thirty years.
- 108Burden of proving that person is alive who has not been heard of for seven years.
- 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
- 110Burden of proof as to ownership.
- 111Proof of good faith in transactions where one party is in relation of active confidence.
- 111APresumption as to certain offences.
- 112Birth during marriage, conclusive proof of legitimacy.
- 113Proof of cession of territory.
- 113APresumption as to abetment of suicide by a married woman.
- 113BPresumption as to dowry death.
- 114Court may presume existence of certain facts.
- 114APresumption as to absence of consent in certain prosecution for rape
Chapter Viii.--estoppel
Chapter Ix.--of Witnesses
- 118Who may testify.
- 119Witness unable to communicate verbally.
- 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
- 121Judges and Magistrates.
- 122Communications during marriage.
- 123Evidence as to affairs of State.
- 124Official communications.
- 125Information as to commission of offences.
- 126Professional communications.
- 127Section 126 to apply to interpreters, etc.
- 128Privilege not waived by volunteering evidence.
- 129Confidential communications with legal advisers.
- 130Production of title-deeds of witness not a party.
- 131Production of documents or electronic records which another person, having possession, could refuse to produce.
- 132Witness not excused from answering on ground that answer will criminate.
- 133Accomplice.
- 134Number of witnesses.
Chapter X.--of the Examination of Witnesses
- 135Order of production and examination of witnesses.
- 136Judge to decide as to admissibility of evidence.
- 137Examination-in-chief.
- 138Order of examinations.
- 139Cross-examination of person called to produce a document.
- 140Witnesses to character.
- 141Leading questions.
- 142When they must not be asked.
- 143When they may be asked.
- 144Evidence as to matters in writing.
- 145Cross-examination as to previous statements in writing.
- 146Questions lawful in cross-examination.
- 147When witness to be compelled to answer.
- 148Court to decide when question shall be asked and when witness compelled to answer.
- 149Question not to be asked without reasonable grounds.
- 150Procedure of Court in case of question being asked without reasonable grounds.
- 151Indecent and scandalous questions.
- 152Questions intended to insult or annoy.
- 153Exclusion of evidence to contradict answers to questions testing veracity.
- 154Question by party to his own witness.
- 155Impeaching credit of witness
- 156Questions tending to corroborate evidence of relevant fact, admissible
- 157Former statements of witness may be proved to corroborate later testimony as to same fact
- 158What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159Refreshing memory.When witness may use copy of document to refresh memory
- 160Testimony to facts stated in document mentioned in section 159
- 161Right of adverse party as to writing used to refresh memory
- 162Production of documents.Translation of documents.
- 163Giving, as evidence, of document called for and produced on notice
- 164Using, as evidence, of document production of which was refused on notice
- 165Judges power to put questions or order production
- 166Power of jury or assessors to put questions
Chapter Xi.--of Improper Admission and Rejection of Evidence
Replaced by BSA
The BSA replaced the IEA from 1 July 2024.
- IEA 65BBSA 63