Indian Evidence Act, 1872 (BARE-ACT)

The Indian Evidence Act, 1872 is divided into three parts, each with chapters and sections:

Part I

Contains Section 1 to 55 housed in 2 Chapters and deals with Relevancy of Facts.

Chapter I: From Section 1 to 4 contains the preliminary provisions

Section 1: Short title, extent and commencement

Section 2: Repeal of enactments

Section 3: Interpretation Clause. Defines various terms including Court, Evidence, Fact, Relevant etc.

Section 4: 'May presume', 'Shall presume' and 'Conclusive proof'

Chapter II: From Section 5 to 55 explains about Relevancy of Facts

Section 5 says that Evidence may be given of facts in issue and relevant facts

Section 6 deals with Relevancy of facts forming part of same transaction, Res Gestae

Section 7 deals with facts which are the occasion, cause or effect of facts in issue

Section 8 deals with Motive, preparation and previous or subsequent conduct

Section 9 speaks about facts necessary to explain or introduce relevant facts / Identification parade

Section 10: Things said or done by conspirator in reference to common design

Section 11: When facts not otherwise relevant become relevant

Section 12: In suits for damages, facts tendering to enable court to determine amount are relevant

Section 13: Facts relevant when right or custom is in question

Section 14: Facts showing existence of state of mind, or of body or bodily feeling

Section 15: Facts bearing on question whether act was accidental or intentional

Section 16: Existence of course of business when relevant Admissions

Section 17: Admission defined

Section 18: Admission by party to proceeding or his agent by suit or in representative character by party interested in subject-matter by person from whom interest derived

Section 19: Admission by persons whose position must be proved as against party to suit

Section 20: Admissions by person expressly referred to by party to suit

Section 21: Proof of admissions against persons making them and by or on their behalf

Section 22: When oral admissions as to contents of documents are relevant

Section 23: Admissions in civil cases, when relevant

Section 24: Confession caused by inducement, threat or promise when irrelevant in criminal proceeding

Section 25: Confession to police officer not to be proved

Section 26: Confession by accused while in custody of police not to be proved against him

Section 27: How much of information received from accused may be proved

Section 28: Confession made after removal of impression caused by inducement, threat or promise relevant

Section 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

Section 30: Consideration of proved confession affecting person making it and others jointly under trail for same offence

Section 31: Admissions not conclusive proof, but may estop

Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant

Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Statements made under special circumstances

Section 34: Entries in books of account when relevant

Section 35: Relevancy of entry in public record, made in performance of duty

Section 36: Relevancy of statements in maps, charts and plans

Section 37: Relevancy of statement as to fact of public nature, contained in certain Acts or notifications

Section 38: Relevancy of statements as to any law contained in law books

Section 39: What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers. Judgments of courts of justice, when relevant

Section 40: Previous judgments relevant to bar a second suit or trail

Section 41: Relevancy of certain judgments in probate, etc. jurisdiction

Section 42: Relevancy and effect of judgments, orders or decrees, other than those mentioned in   Section 41

Section 43: Judgments, etc. other than those mentioned in Sections 40 to 42, when relevant

Section 44: Fraud or collusion in obtaining judgment, or incompetence of Court, may be proved.

Opinion of third persons, when relevant

Section 45: Opinions of experts

Section 46: Facts bearing upon opinions of experts

Section 47: Opinion as to handwriting, when relevant

Section 48: Opinion as to existence of right or custom, when relevant

Section 49: Opinion as to usage's, tenets, etc., when relevant

Section 50: Opinion on relationship, when relevant

Section 51: Grounds of opinion, when relevant. Character when relevant

Section 52: In civil cases, character to prove conduct imputed irrelevant

Section 53: In criminal cases, previous good character relevant

Section 54: Previous bad character not relevant, except in reply

Section 55: Character as affecting damages

Chapter III: From Section 56 to 58 deals with facts that need not be proved

Contains Section 56 to 100 housed in 4 Chapters and deals with Proof.

Section 56: Facts judicially noticeable need not be proved

Section 57: Facts of which Court must take judicial notice

Section 58: Facts admitted need not be proved

Chapter IV

From Section 59 to 60 deals with Oral Evidence

Section 59: Proof of facts by oral evidence

Section 60: Oral evidence must be direct

Chapter V

· From Section 61 to 90A deals with Documentary Evidence

· Section 61: Proof of contents of documents

· Section 62: Primary evidence

· Section 63: Secondary evidence

· Section 64: Proof of documents by primary evidence

· Section 65: Cases in which secondary evidence relating to documents may be given

· Section 66: Rules as to notice to produce

· Section 67: Proof of signature and handwriting of person alleged to have signed or written document produced

· Section 68: Proof of execution of document required by law to be attested

· Section 69: Proof where not attesting witness found

· Section 70: Admission of execution by party to attested document

· Section 71: Proof when attesting witness denies the execution

· Section 72: Proof of document not required by law to be attested

· Section 73: Comparison of signature, writing or seal with others admitted or proved

· Section 74: Public documents

· Section 75: Private documents

· Section 76: Certified copies of public documents

· Section 77: Proof of documents by production of certified copies

· Section 78: Proof of other official documents

· Section 79: Presumption as to genuineness of certified copies

· Section 80: Presumption as to documents produced as record of evidence

· Section 81: Presumption as to Gazetteers newspapers, private Act of Parliament and other documents

· Section 82: Presumption as to document admissible in England without proof of seal or signature

· Section 83: Presumption as to maps or plans made by authority of Government

· Section 84: Presumption as to collections of laws and reports of decisions

· Section 85: Presumption as to powers of attorney

· Section 86: Presumption as to certified copies of foreign judicial records

· Section 87: Presumption as to books, maps and charts

· Section 88: Presumption as to telegraphic messages

· Section 89: Presumption as to due execution, etc., of document not produced

· Section 90: Presumption as to documents thirty years old

· Section 90A: Presumption as to electronic records five years old

Chapter VI

· From Section 91 to 100 deals with Exclusion / Estoppel of Oral Evidence by the Documentary Evidence

· Section 91: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

· Section 92: Exclusion of evidence of oral agreement

· Section 93: Exclusion of evidence to explain or amend ambiguous document

· Section 94: Execution of evidence against application document to existing facts

· Section 95: Evidence as to document unmeaning in reference to existing facts

· Section 96: Evidence as to application of language which can apply to one only of several persons

· Section 97: Evidence as to application language to one of two set of facts, to neither of which the whole correctly applies

· Section 98: Evidence as to meaning of illegible characters, etc.

· Section 99: Who may give evidence of agreement varying terms of document

· Section 100: Saving of provisions of Indian Succession Act relating to wills

Part III Production and Effect of Evidence

· Contains Section 101 to 167 housed in 5 Chapters and deals with Production and Effect of Evidence.

Chapter VII

From Section 101 to 114A contains the provisions related to Burden of proof

Section 101: Burden of proof

Section 102: On whom burden of proof lies

Section 103: Burden of proof as to particular fact

Section 104: Burden of proving fact to be proved to make evidence admissible

Section 105: Burden of proving that case of accused comes within exceptions

Section 106: Burden of proving fact especially within knowledge

Section 107: Burden of proving death of person known to have been alive within thirty years

Section 108: Burden of proving that person is alive who has not been heard of for seven years

Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Section 110: Burden of proof as to ownership

Section 111: Proof of good faith in transactions where one party is in relation of active confidence

Section 114A: Presumption as to absence of consent in certain prosecutions for rape

Chapter VIII

From Section 115 to 117 contains the provisions of Estoppel

Section 115: Estoppel

Section 116: Estoppel of tenant and of licensee of person in possession

Section 117: Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter IX

From Section 118 to 134 contains the provisions of Witness

Section 118: Who may testify

Section 119: Dumb witness

Section 120: Parties to civil suit and their wives or husband-Husband or wife of person under criminal trial

Section 121: Judges and Magistrates

Section 122: Communications during marriage

Section 123: Evidence as to affairs of State

Section 124: Official communications

Section 125: Information as to commission of offences

Section 126: Professional communications

Section 127: Section 126 to apply to interpreters, etc.

Section 128: Privilege not waived by volunteering evidence

Section 129: Confidential communications with legal advisers

Section 130: Production of title-deeds of witness not party

Section 131: Production of documents which another person, having possession, could refuse to produce

Section 132: Witness not excused from answering on ground that answer will criminate

Section 133: Accomplice

Section 134: Number of witnesses

Chapter X

From Section 135 to 166 contains the provisions of Examination of Witnesses

Section 135: Order of production and examination of witnesses

Section 136: Judge to decide as to admissibility of evidence

Section 137: Examination-in-chief, Cross-examination, Re-examination

Section 138: Order of examinations

Section 139: Cross-examination of person called to produce a document

Section 140: Witnesses to character

Section 141: Leading questions

Section 142: When they may not be asked

Section 143: When they may be asked

Section 144: Evidence as to matters in writing

Section 145: Cross-examination as to previous statements in writing

Section 146: Questions lawful in cross-examination

Section 147: When witness to be compelled to answer

Section 148: Court to decide when question shall be asked and when witness compelled to answer

Section 149: Question not to be asked without reasonable grounds

Section 150: Procedure of Court in case of question being asked without reasonable grounds

Section 151: Indecent and scandalous questions

Section 152: Questions intended to insult or annoy

Section 153: Exclusion of evidence to contradict answer to questions testing veracity

Section 154: Question by party to his own witness

Section 155: Impeaching credit of witness

Section 156: Questions tending to corroborate evidence of relevant fact, admissible

Section 157: Former statements of witness may be proved to corroborate later testimony as to same fact

Section 158: What matters may be proved in connection with proved statement relevant under section 32 or 33

Section 159: Refreshing memory -When witness may use copy of document to refresh memory

Section 160: Testimony to facts stated in document mentioned in Section 159

Section 161: Right of adverse party as to writing used to refresh memory

Section 162: Production of documents -Translation of documents

Section 163: Giving, as evidence of document called for and produced on notice

Section 164: Using, as evidence, of document, production of which was refused on notice

Section 165: Judge's power to put questions or order production

Section 166: Power of jury or assessors to put questions

Chapter XI

Chapter XI contains only one section, the Section 167 that deals with provisions about Improper Admission and Rejection of Evidence

Section 167: No new trail for improper admission or rejection of evidence

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