An Act to consolidate, define and amend the law of Evidence.

This Act is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. It stays published in full because conduct before that date is still charged, tried and appealed under it, and we never redirect a repealed provision to its successor. Read the Act that replaced it, or compare them section by section.

Act 1 of 1872 Enacted 15 Mar 1872 In force 01 Sep 1872

Administered by. Ministry of Law and Justice · Other Acts of 1872

Sections

Type to filter. 185 sections.

1. 1Short title
2. 2Repeal of enactments
3. 3Interpretation-clause
4. 4“May presume”
5. 5Evidence may be given of facts in issue and relevant facts
6. 6Relevancy of facts forming part of same transaction
7. 7Facts which are the occasion, cause or effect of facts in issue
8. 8Motive, preparation and previous or subsequent conduct
9. 9Facts necessary to explain or introduce relevant facts
10. 10Things said or done by conspirator in reference to common design
11. 11When facts not otherwise relevant become relevant
12. 12In suits for damages, facts tending to enable Court to determine amount are relevant
13. 13Facts relevant when right or custom is in question
14. 14Facts showing existence of state of mind, or of body of bodily feeling
15. 15Facts bearing on question whether act was accidental or intentional
16. 16Existence of course of business when relevant
17. 17Admission defined
18. 18Admission
19. 19Admissions by persons whose position must be proved as against party to suit
20. 20Admissions by persons expressly referred to by party to suit
21. 21Proof of admissions against persons making them, and by or on their behalf
22. 22When oral admissions as to contents of documents are relevant
23. 22AWhen oral admission as to contents of electronic records are relevant
24. 23Admissions in civil cases when relevant
25. 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
26. 25Confession to police-officer not to be proved
27. 26Confession by accused while in custody of police not to be proved against him
28. 27How much of information received from accused may be proved
29. 28Confession made after removal of impression caused by inducement, threat or promise, relevant
30. 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
31. 30Consideration of proved confession affecting person making it and others jointly under trial for same offence
32. 31Admissions not conclusive proof, but may estop
33. 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
34. 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
35. 34Entries in books of account when relevant
36. 35Relevancy of entry in public record made in performance of duty
37. 36Relevancy of statements in maps, charts and plans
38. 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications
39. 38Relevancy of statements as to any law contained in law-books
40. 39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
41. 40Previous judgments relevant to bar a second suit or trial
42. 41Relevancy of certain judgments in probate, etc., jurisdiction
43. 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state
44. 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
45. 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
46. 45Opinions of experts
47. 45AOpinion of Examiner of Electronic Evidence
48. 46Facts bearing upon opinions of experts
49. 47Opinion as to hand-writing, when relevant
50. 47AOpinion as to digital signature, when relevant
51. 48Opinion as to existence of right or custom, when relevant
52. 49Opinion as to usages, tenets, etc., when relevant
53. 50Opinion on relationship, when relevant
54. 51Grounds of opinion, when relevant
55. 52In civil cases character to prove conduct imputed, irrelevant
56. 53In criminal cases previous good character relevant
57. 53AEvidence of character or previous sexual experience not relevant in certain cases
58. 54Previous bad character not relevant, except in reply
59. 55Character as affecting damages
60. 56Fact judicially noticeable need not be proved
61. 57Facts of which Court must take judicial notice
62. 58Facts admitted need not be proved
63. 59Proof of facts by oral evidence
64. 60Oral evidence must be direct
65. 61Proof of contents of documents
66. 62Primary evidence
67. 63Secondary evidence
68. 64Proof of documents by primary evidence
69. 65Cases in which secondary evidence relating to documents may be given
70. 65ASpecial provisions as to evidence relating to electronic record
71. 65BAdmissibility of electronic records
72. 66Rules as to notice to produce
73. 67Proof of signature and handwriting of person alleged to have signed or written document produced
74. 67AProof as to [electronic signature
75. 68Proof of execution of document required by law to be attested
76. 69Proof where no attesting witness found
77. 70Admission of execution by party to attested document
78. 71Proof when attesting witness denies the execution
79. 72Proof of document not required by law to be attested
80. 73Comparison of signature, writing or seal with others admitted or proved
81. 73AProof as to verification of digital signature
82. 74Public documents
83. 75Private documents
84. 76Certified copies of public documents
85. 77Proof of documents by production of certified copies
86. 78Proof of other official documents
87. 79Presumption as to genuineness of certified copies
88. 80Presumption as to documents produced as record of evidence
89. 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
90. 81APresumption as to Gazettes in electronic forms
91. 82Presumption as to document admissible in England without proof of seal or signature
92. 83Presumption as to maps or plans made by authority of Government
93. 84Presumption as to collections of laws and reports of decisions
94. 85Presumption as to powers-of-attorney
95. 85APresumption as to electronic agreements
96. 85BPresumption as to electronic records and [electronic signatures
97. 85CPresumption as to [Electronic Signature Certificates
98. 86Presumption as to certified copies of foreign judicial records
99. 87Presumption as to books, maps and charts
100. 88Presumption as to telegraphic messages
101. 88APresumption as to electronic messages
102. 89Presumption as to due execution, etc., of documents not produced
103. 90Presumption as to documents thirty years old
104. 90APresumption as to electronic records five years old
105. 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
106. 92Exclusion of evidence of oral agreement
107. 93Exclusion of evidence to explain or amend ambiguous document
108. 94Exclusion of evidence against application of document to existing facts
109. 95Evidence as to document unmeaning in reference to existing facts
110. 96Evidence as to application of language which can apply to one only of several persons
111. 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
112. 98Evidence as to meaning of illegible characters, etc
113. 99Who may give evidence of agreement varying terms of document
114. 100Saving of provisions of Indian Succession Act relating to wills
115. 101Burden of proof
116. 102On whom burden of proof lies
117. 103Burden of proof as to particular fact
118. 104Burden of proving fact to be proved to make evidence admissible
119. 105Burden of proving that case of accused comes within exceptions
120. 106Burden of proving fact especially within knowledge
121. 107Burden of proving death of person known to have been alive within thirty years
122. 108Burden of proving that person is alive who has not been heard of for seven years
123. 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
124. 110Burden of proof as to ownership
125. 111Proof of good faith in transactions where one party is in relation of active confidence
126. 111APresumption as to certain offences
127. 112Birth during marriage, conclusive proof of legitimacy
128. 113Proof of cession of territory
129. 113APresumption as to abetment of suicide by a married woman
130. 113BPresumption as to dowry death
131. 114Court may presume existence of certain facts
132. 114APresumption as to absence of consent in certain prosecution for rape
133. 115Estoppel
134. 116Estoppel of tenants and of licensee of person in possession
135. 117Estoppel of acceptor of bill of exchange, bailee or licensee
136. 118Who may testify
137. 119Witness unable to communicate verbally
138. 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
139. 121Judges and Magistrates
140. 122Communications during marriage
141. 123Evidence as to affairs of State
142. 124Official communications
143. 125Information as to commission of offences
144. 126Professional communications
145. 127Section 126 to apply to interpreters, etc
146. 128Privilege not waived by volunteering evidence
147. 129Confidential communications with legal advisers
148. 130Production of title-deeds of witness not a party
149. 131Production of documents or electronic records which another person, having possession, could refuse to produce
150. 132Witness not excused from answering on ground that answer will criminate
151. 133Accomplice
152. 134Number of witnesses
153. 135Order of production and examination of witnesses
154. 136Judge to decide as to admissibility of evidence
155. 137Examination-in-chief
156. 138Order of examinations
157. 139Cross-examination of person called to produce a document
158. 140Witnesses to character
159. 141Leading questions
160. 142When they must not be asked
161. 143When they may be asked
162. 144Evidence as to matters in writing
163. 145Cross-examination as to previous statements in writing
164. 146Questions lawful in cross-examination
165. 147When witness to be compelled to answer
166. 148Court to decide when question shall be asked and when witness compelled to answer
167. 149Question not to be asked without reasonable grounds
168. 150Procedure of Court in case of question being asked without reasonable grounds
169. 151Indecent and scandalous questions
170. 152Questions intended to insult or annoy
171. 153Exclusion of evidence to contradict answers to questions testing veracity
172. 154Question by party to his own witness
173. 155Impeaching credit of witness
174. 156Questions tending to corroborate evidence of relevant fact, admissible
175. 157Former statements of witness may be proved to corroborate later testimony as to same fact
176. 158What matters may be proved in connection with proved statement relevant under section 32 or 33
177. 159Refreshing memory
178. 160Testimony to facts stated in document mentioned in section 159
179. 161Right of adverse party as to writing used to refresh memory
180. 162Production of documents
181. 163Giving, as evidence, of document called for and produced on notice
182. 164Using, as evidence, of document production of which was refused on notice
183. 165Judge’s power to put questions or order production
184. 166Power of jury or assessors to put questions
185. 167No new trial for improper admission or rejection of evidence

Related Acts

• The Indian Contract Act, 1872268 sections
• The Indian Christian Marriage Act, 187288 sections
• The Madras Civil Courts' Act, 187331 sections
• The Court-Fees Act, 187048 sections
• The Married Women's Property Act, 187410 sections
• The Divorce Act, 186964 sections
• The Bombay Civil Court's Act, 186944 sections
• The Majority Act, 18753 sections

Provenance. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f).

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 185 sections of this Act has its own page. This page is not a substitute for legal advice.