Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof
Section 113: Proof of cession of territory
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
A notification in the Official Gazette that part of British territory was ceded to a Native State, Prince or Ruler before Part III of the Government of India Act, 1935 came into force is conclusive proof of a valid cession on the date stated.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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, c. 2)] been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 113
- Bhanuben and Anr. v. State of Gujarat
- Ramaiah @ Rama v. State of Karnataka
- Subhash Chandra Singh v. Dheemant Singh & Anr.
- Gurram Chakravarthy v. State of A.P.
- Arvind Kumar and Anr. v. State of Madhya Pradesh
- Ram Badan Sharma v. State of Bihar
- Kamesh Panjiyar @ Kamlesh Panjiyar v. State of Bihar
- Pawan Kumar v. State of Haryana