ACT NO. 1 OF 18721
[15th March, 1872.]
Preamble.- WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is hereby enacted as follows: -
PART I RELEVANCY OF FACTS
CHAPTER I. PRELIMINARY
2. [Repealed.]
Section 3 Interpretation-clause
Section 4 May Presume. Shall presume. Conclusive proof
CHAPTER II. - OF THE RELEVANCY OF FACTS
Section 5 Evidence may be given of facts in issue and relevant facts
Section 6 Relevancy of facts forming part of same transaction
Section 7 Facts which are the occasion, cause or effect of facts in issue
Section 8 Motive, preparation and previous or subsequent conduct
Section 9 Facts necessary to explain or introduce relevant facts
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 tending 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 19 Admissions by persons whose position must be proved as against party to suit
Section 20 Admissions by persons 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 22A When oral admission as to contents of electronic records are relevant
Section 23 Admissions in civil cases when relevant
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 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
Section 31 Admissions not conclusive proof, but may estop
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
Section 32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc.
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.
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 38 Relevancy 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
Section 40 Previous judgments relevant to bar a second suit or trial
Section 41 Relevancy of certain judgments in probate, etc., jurisdiction
Section 43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
Section 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
OPINIONS OF THIRD PERSONS WHEN RELEVANT
Section 45 Opinions of experts
Section 45A Opinion of Examiner of Electronic Evidence
Section 46 Facts bearing upon opinions of experts
Section 47 Opinion as to handwriting, when relevant
Section 47A Opinion as to digital signature, when relevant
Section 48 Opinion as to existence of right or custom, when relevant
Section 49 Opinion as to usages, 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 53A Evidence of character or previous sexual experience not relevant in certain cases
Section 54 Previous bad character not relevant, except in reply
Section 55 Character as affecting damages
PART II ON PROOF
CHAPTER III.- FACTS WHICH NEED NOT BE PROVED
Section 56 Fact 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.- OF ORAL EVIDENCE
Section 59 Proof of facts by oral evidence
Section 60 Oral evidence must be direct
CHAPTER V.- OF DOCUMENTARY EVIDENCE
Section 61 Proof of contents of documents
Section 64 Proof of documents by primary evidence
Section 65 Cases in which secondary evidence relating to documents may be given
Section 65A Special provisions as to evidence relating to electronic record
Section 65B Admissibility of electronic records
Section 66 Rules as to notice to produce
Section 67A Proof as to electronic signature
Section 68 Proof of execution of document required by law to be attested
Section 69 Proof where no 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 73A Proof as to verification of digital signature
PUBLIC 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
PRESUMPTIONS AS TO DOCUMENTS
Section 80 Presumption as to documents produced as record of evidence
Section 81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section 81A Presumption as to Gazettes in electronic forms
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 Presumptions as to powers-of-attorney
Section 85A Presumption as to electronic agreements
Section 85B Presumption as to electronic records and electronic signatures
Section 85C Presumption as to Electronic Signature Certificates
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 88A Presumption as to electronic messages
Section 89 Presumption as to due execution, etc., of documents not produced
Section 90 Presumption as to documents thirty years old
Section 90A Presumption as to electronic records five years old
CHAPTER VI.- OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Section 92 Exclusion of evidence of oral agreement
Section 93 Exclusion of evidence to explain or amend ambiguous document
Section 94 Exclusion of evidence against application of 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 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
CHAPTER VII. - OF THE 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 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 111A Presumption as to certain offences
Section 112 Birth during marriage, conclusive proof of legitimacy
Section 113 Proof of cession of territory
Section 113A Presumption as to abetment of suicide by a married woman
Section 113B Presumption as to dowry death
Section 114 Court may presume existence of certain facts
Section 114A Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII.- ESTOPPEL
Section 116 Estoppel of tenants and of licensee of person in possession
Section 117 Estoppel of acceptor of bill of exchange, bailee or licensee
CHAPTER IX.- OF WITNESSES
Section 119 Witness unable to communicate verbally
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 a party
Section 132 Witness not excused from answering on ground that answer will criminate
Section 134 Number of witnesses
CHAPTER X.- OF THE 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
Section 138 Order of examinations
Section 139 Cross-examination of person called to produce a document
Section 140 Witnesses to character
Section 142 When they must 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 answers 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 160 Testimony to facts stated in document mentioned in section159
Section 161 Right of adverse party as to writing used to refresh memory
Section 162 Production 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 Judges power to put questions or order production
Section 166 Power of jury or assessors to put questions
CHAPTER XI.- OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 167 No new trial for improper admission or rejection of evidence