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Indian Evidence Act, 1872

Act No. 1 of 1872 185 sections

Repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still governs offences and proceedings from before that date.

Chapter I: Preliminary

1 Short title 3 judgments
2 [Repealed 1 judgment
3 Interpretation-clause 107 judgments
4 “May Presume.” “Shall presume.” “Conclusive proof.” 47 judgments

Chapter II: Of the Relevancy of Facts

5 Evidence may be given of facts in issue and relevant facts 4 judgments
6 Relevancy of facts forming part of same transaction 21 judgments
7 Facts which are the occasion, cause or effect of facts in issue 6 judgments
8 Motive, preparation and previous or subsequent conduct 63 judgments
9 Facts necessary to explain or introduce relevant facts 48 judgments
10 Things said or done by conspirator in reference to common design 32 judgments
11 When facts not otherwise relevant become relevant 21 judgments
12 In suits for damages, facts tending to enable Court to determine amount are relevant
13 Facts relevant when right or custom is in question 7 judgments
14 Facts showing existence of state of mind, or of body, or bodily feeling 3 judgments
15 Facts bearing on question whether act was accidental or intentional 1 judgment
16 Existence of course of business when relevant 2 judgments

Admissions

17 Admission defined 20 judgments
18 Admission 10 judgments
19 Admissions by persons whose position must be proved as against party to suit
20 Admissions by persons expressly referred to by party to suit 4 judgments
21 Proof of admissions against persons making them, and by or on their behalf 13 judgments
22 When oral admissions as to contents of documents are relevant
22A When oral admission as to contents of electronic records are relevant 2 judgments
23 Admissions in civil cases when relevant 2 judgments
24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding 67 judgments
25 Confession to police-officer not to be proved 123 judgments
26 Confession by accused while in custody of Police not to be proved against him 84 judgments
27 How much of information received from accused may be proved 316 judgments
28 Confession made after removal of impression caused by inducement, threat or promise, relevant 2 judgments
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
30 Consideration of proved confession affecting person making it and others jointly under trial for same offence 68 judgments
31 Admissions not conclusive proof, but may estop 6 judgments

Statements by persons who cannot be called as witnesses

Statements made under special circumstances

How much of a statement is to be proved

39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers 2 judgments

Judgments of courts of justice when relevant

40 Previous judgments relevant to bar a second suit or trial 20 judgments
41 Relevancy of certain judgments in probate, etc., jurisdiction 18 judgments
42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 12 judgments
43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant 26 judgments
44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved 17 judgments

Opinions of third persons when relevant

45 Opinions of experts 53 judgments
45A Opinion of Examiner of Electronic Evidence 2 judgments
46 Facts bearing upon opinions of experts 3 judgments
47 Opinion as to handwriting, when relevant 11 judgments
47A Opinion as to [electronic signature], when relevant
48 Opinion as to existence of right or custom, when relevant 1 judgment
49 Opinion as to usages, tenets, etc., when relevant
50 Opinion on relationship, when relevant 12 judgments
51 Grounds of opinion, when relevant 1 judgment

Character when relevant

Chapter III: Facts Which Need Not Be Proved

56 Fact judicially noticeable need not be proved 4 judgments
57 Facts of which Court must take judicial notice 13 judgments
58 Facts admitted need not be proved 32 judgments

Chapter IV: Of Oral Evidence

59 Proof of facts by oral evidence 6 judgments
60 Oral evidence must be direct 26 judgments

Chapter V: Of Documentary Evidence

61 Proof of contents of documents 6 judgments
62 Primary evidence 17 judgments
63 Secondary evidence 24 judgments
64 Proof of documents by primary evidence 15 judgments
65 Cases in which secondary evidence relating to documents may be given 30 judgments
65A Special provisions as to evidence relating to electronic record 13 judgments
65B Admissibility of electronic records 45 judgments
66 Rules as to notice to produce 5 judgments
67 Proof of signature and handwriting of person alleged to have signed or written document produced 13 judgments
67A Proof as to electronic signature
68 Proof of execution of document required by law to be attested 67 judgments
69 Proof where no attesting witness found 8 judgments
70 Admission of execution by party to attested document 1 judgment
71 Proof when attesting witness denies the execution 8 judgments
72 Proof of document not required by law to be attested
73 Comparison of signature, writing or seal with others admitted or proved 34 judgments
73A Proof as to verification of digital signature

Public documents

74 Public documents 25 judgments
75 Private documents 5 judgments
76 Certified copies of public documents 10 judgments
77 Proof of documents by production of certified copies 3 judgments
78 Proof of other official documents 7 judgments

Presumptions as to documents

Chapter VI: Of the Exclusion of Oral by Documentary Evidence

Chapter VII: Of the Burden of Proof

101 Burden of proof 31 judgments
102 On whom burden of proof lies 14 judgments
103 Burden of proof as to particular fact 14 judgments
104 Burden of proving fact to be proved to make evidence admissible 2 judgments
105 Burden of proving that case of accused comes within exceptions 53 judgments
106 Burden of proving fact especially within knowledge 180 judgments
107 Burden of proving death of person known to have been alive within thirty years 3 judgments
108 Burden of proving that person is alive who has not been heard of for seven years 11 judgments
109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent 2 judgments
110 Burden of proof as to ownership 14 judgments
111 Proof of good faith in transactions where one party is in relation of active confidence 7 judgments
111A Presumption as to certain offences 1 judgment
112 Birth during marriage, conclusive proof of legitimacy 18 judgments
113 Proof of cession of territory 8 judgments
113A Presumption as to abetment of suicide by a married woman 81 judgments
113B Presumption as to dowry death 112 judgments
114 Court may presume existence of certain facts 208 judgments
114A Presumption as to absence of consent in certain prosecution for rape 21 judgments

Chapter VIII: Estoppel

115 Estoppel 27 judgments
116 Estoppel of tenant; and of licensee of person in possession 37 judgments
117 Estoppel of acceptor of bill of exchange, bailee or licensee 1 judgment

Chapter IX: Of Witnesses

118 Who may testify 22 judgments
119 Witness unable to communicate verbally 5 judgments
120 Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial 6 judgments
121 Judges and Magistrates 1 judgment
122 Communications during marriage 4 judgments
123 Evidence as to affairs of State 37 judgments
124 Official communications 30 judgments
125 Information as to commission of offences 1 judgment
126 Professional communications 5 judgments
127 Section 126 to apply to interpreters, etc
128 Privilege not waived by volunteering evidence
129 Confidential communications with legal advisers 1 judgment
130 Production of title-deeds of witness not a party
131 Production of documents or electronic records which another person, having possession, could refuse to produce
132 Witness not excused from answering on ground that answer will criminate 8 judgments
133 Accomplice 21 judgments
134 Number of witnesses 50 judgments

Chapter X: Of the Examination of Witnesses

135 Order of production and examination of witnesses 1 judgment
136 Judge to decide as to admissibility of evidence 1 judgment
137 Examination-in-chief 10 judgments
138 Order of examinations 22 judgments
139 Cross-examination of person called to produce a document 4 judgments
140 Witnesses to character 1 judgment
141 Leading questions 1 judgment
142 When they must not be asked 1 judgment
143 When they may be asked
144 Evidence as to matters in writing
145 Cross-examination as to previous statements in writing 81 judgments
146 Questions lawful in cross-examination 10 judgments
147 When witness to be compelled to answer
148 Court to decide when question shall be asked and when witness compelled to answer 3 judgments
149 Question not to be asked without reasonable grounds 1 judgment
150 Procedure of Court in case of question being asked without reasonable grounds 1 judgment
151 Indecent and scandalous questions 2 judgments
152 Questions intended to insult or annoy 1 judgment
153 Exclusion of evidence to contradict answers to questions testing veracity 2 judgments
154 Question by party to his own witness 14 judgments
155 Impeaching credit of witness 16 judgments
156 Questions tending to corroborate evidence of relevant fact, admissible
157 Former statements of witness may be proved to corroborate later testimony as to same fact 43 judgments
158 What matters may be proved in connection with proved statement relevant under section 32 or 33
159 Refreshing memory 4 judgments
160 Testimony to facts stated in document mentioned in section159 1 judgment
161 Right of adverse party as to writing used to refresh memory 6 judgments
162 Production of documents 4 judgments
163 Giving, as evidence, of document called for and produced on notice 2 judgments
164 Using, as evidence, of document production of which was refused on notice 1 judgment
165 Judge’s power to put questions or order production 45 judgments
166 Power of jury or assessors to put questions

Chapter XI: Of Improper Admission and Rejection of Evidence

167 No new trial for improper admission or rejection of evidence 1 judgment

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.