Section 113 of the Indian Evidence Act, 1872: Proof of Cession of Territory
Section 113 established a special rule of conclusive proof for certain historical territorial cessions notified in the Gazette of India. The Bharatiya Sakshya Adhiniyam, 2023, which came into force on 1 July 2024, does not reproduce this provision.
What did Section 113 of the Indian Evidence Act say?
The former statutory provision, headed "Proof of cession of territory", read:
"A notification in the Gazette of India 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."
Historical legislative note: The words concerning the commencement of Part III of the Government of India Act, 1935 were inserted by the Adaptation of Indian Laws Order, 1937. Part III commenced on 1 April 1937. This explains why the section concerned a limited class of historical events, rather than future changes in national boundaries.
Definitions and essential conditions
Cession of territory
A cession is a transfer of territory by one sovereign or governing authority to another through a legally recognised act or arrangement. Former Section 113 did not itself authorise a territorial transfer; it dealt with the evidentiary effect of a specified official notification.
Gazette of India notification
A Gazette notification is an official publication by government. Under the former section, a qualifying notification that a specified historical cession had taken place served as conclusive proof of the valid cession and the date stated in it.
Conclusive proof
In evidence law, conclusive proof means that once the foundational fact specified by law is established, the court must treat the other fact as proved within the statutory rule; evidence merely disputing that conclusion is not admissible for that purpose. The rule is distinct from a rebuttable presumption.
Limits of the former rule
The notification had to concern a cession of British territory to a Native State, Prince or Ruler before the specified 1937 commencement. An ordinary land transfer, a modern boundary dispute or a notification unrelated to these conditions did not automatically attract the special rule.
What changed under the Bharatiya Sakshya Adhiniyam, 2023?
The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) replaced the Indian Evidence Act, 1872 with effect from 1 July 2024. It omits the former provision on proof of cession of territory; there is no equivalent numbered section in the new Act.
Under the new law, Section 113 addresses burden of proof as to ownership, corresponding to old Evidence Act Section 110. The following provision, Section 117, addresses presumption as to abetment of suicide by a married woman, corresponding to old Evidence Act Section 113A. The omitted Section 113 must not be conflated with either.
Pending matters: Section 170 of the 2023 Act repeals the Indian Evidence Act and contains a savings provision concerning pending applications, trials, inquiries, investigations, proceedings and appeals. The effect on a particular matter requires attention to the terms of that provision and the dates and nature of the proceedings.
Practical significance and example
Historical example: Suppose a pre-1937 Gazette of India notification stated that a specified portion of British territory had been ceded to a named princely ruler on a particular date. Under former Section 113, where its statutory conditions were met, the notification conclusively established the validity of that cession and its notified date for evidentiary purposes.
Modern distinction: A contemporary dispute over the title to a private property or a present-day administrative boundary is not decided by the omitted Section 113. The applicable substantive law, relevant public documents, and current rules of proof must be considered instead.
Official statutory and reference materials
- India Code - Bharatiya Sakshya Adhiniyam, 2023 (official Act PDF), including Sections 113 and 170.
- Bureau of Police Research and Development - comparison of old and new evidence law, identifying former Section 113 as deleted.
- India Code official legislative database for statutory updates and historical legislation.
- LawDadi guide to the Indian Evidence Act, 1872.
Frequently asked questions
What did Section 113 of the Indian Evidence Act provide?
It treated a specified Gazette of India notification about a pre-1937 cession of British territory to a Native State, Prince or Ruler as conclusive proof of a valid cession on the notified date.
What is the corresponding section in the Bharatiya Sakshya Adhiniyam, 2023?
There is no corresponding section. The provision concerning proof of cession of territory was omitted from the 2023 Act.
Does Section 113 of the BSA concern cession of territory?
No. Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 concerns burden of proof as to ownership.
Can the former provision matter in an older proceeding?
The savings provision in Section 170 of the Bharatiya Sakshya Adhiniyam, 2023 must be considered for proceedings or matters pending at commencement. Applicability depends on the facts and procedural posture.
Updated: 20 October 2026. This article explains the historical provision and the current statutory framework for general legal information. Check the official text and applicable savings provisions for a particular proceeding.