Proof of cession of territory
Section 113 of the Indian Evidence Act, 1872 deals with proof of cession of territory. A notification in the Official Gazette that any portion of British territory has [before the commencement of Part III of the Government of India Act, 1935 (26 Geo. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
A notification in the Official Gazette 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.
Section 113, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
No provision of the Bharatiya Sakshya Adhiniyam is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The trial Court held that deceased-Punita died an unnatural death at her matrimonial home within one year and three months of her marriage and that there was ample evidence on record for the Court to raise the presumption under Section 113-B of Indian Evidence Act, 1872[10]( page-7-0) against the accused-appellant as no satisfactory explanation was provided by him regarding the unnatural death of his wife in the matrimonial home. The trial Court, after appreciating the evidence, acquitted the parents of the accusedappellant of the charges as framed …
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… who are doctor and I.O. respectively have not supported the case of prosecution and despite lengthy crossexamination on behalf of prosecution nothing has been extracted from them which could support the case of prosecution. - 12. Learned counsel for the appellants submitted that before invoking presumption under Section 113-B of Indian Evidence Act, prosecution has to prove that deceased was died on account of un-natural death that too within seven years of marriage and soon before death deceased was subjected to cruelty. - 13. Upon aforesaid premise, submission has been made that it is a case where learned trial court has not …
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… the trial court having gone through the evidence of those material witnesses had arrived at a conclusion that the prosecution has failed to prove the guilt of the accused with beyond all reasonable doubt and does not inspire the confidence in the mind of the Court to satisfy the requirement of the court both under Section 113-B of the Indian Evidence Act as well as Section 304-B of IPC. Further there is no consistent, positive and cogent evidence to probabilise that the accused have caused the death of deceased – Shailaja and lead her to commitment of suicide by consuming the poison and extended physical as well as mental harassment to …
Questions about Section 113
What does Section 113 of the Indian Evidence Act deal with?
Section 113 of the Indian Evidence Act is headed "Proof of cession of territory". A notification in the Official Gazette that any portion of British territory has [before the commencement of Part III of the Government of India Act, 1935 (26 Geo.
How do I find court cases under Section 113 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 113, section 113 IEA, section 113 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 113 of the Indian Evidence Act come into force?
Section 113 of the Indian Evidence Act, cited as IEA 113, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.