Advocate OS
Start free

IEA · Repealed or not in force

The Indian Evidence Act, 1872, 1 of 1872 (Rep., Act 47 of 2023)

Evidence (before 1 July 2024).

175 sections · As amended up to 2026-08

Sections

  1. X — .--OF THE EXAMINATION OF WITNESSES
  2. 1As to the application of s. 161 to police diaries, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 172
  3. II — .--OF THE RELEVANCY OF FACTS
  4. 2For prohibition of such inducements, etc., see the Code of Criminal Procedure, 1973 (2 of 1974), s. 316 (w.e.f. 1-4-1974)
  5. 3As to statements made to police-officer investigating a case, see s. 162, ibid (w.e.f. 1-4-1974)
  6. 4A coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), s. 20
  7. 5See now the Code of Civil Procedure, 1908 (Act 5 of 1908)
  8. 6Relevancy of facts forming part of same transaction
  9. 7See now the Code of Criminal Procedure, 1973 (2 of 1974) (w.e.f. 1-4-1974)
  10. 8Motive, preparation and previous or subsequent conduct
  11. X — .--OF THE EXAMINATION OF WITNESSES.
  12. 9Refreshing memory
  13. II — .--OF THE RELEVANCY OF FACTS
  14. 10Things said or done by conspirator in reference to common design
  15. 11When facts not otherwise relevant become relevant
  16. 12In suits for damages, facts tending to enable Court to determine amount are relevant
  17. 13Facts relevant when right or custom is in question
  18. 14Facts showing existence of state of mind, or of body of bodily feeling
  19. 15Facts bearing on question whether act was accidental or intentional
  20. 16Existence of course of business when relevant
  21. 17Admission defined
  22. 18Admission by party to proceeding or his agent;
  23. 19Admissions by persons whose position must be proved as against party to suit
  24. 20Admissions by persons expressly referred to by party to suit
  25. I — .--PRELIMINARY
  26. 21Proof of admissions against persons making them, and by or on their behalf
  27. II — .--OF THE RELEVANCY OF FACTS
  28. 22When oral admissions as to contents of documents are relevant
  29. 22AWhen oral admission as to contents of electronic records are relevant
  30. 23Admissions in civil cases when relevant
  31. 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
  32. 25Confession to police-officer not to be proved
  33. 26Confession by accused while in custody of police not to be proved against him
  34. 27How much of information received from accused may be proved
  35. 28Confession made after removal of impression caused by inducement, threat or promise, relevant
  36. 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
  37. 30Consideration of proved confession affecting person making it and others jointly under trial for sam
  38. 31Admissions not conclusive proof, but may estop
  39. I — .--PRELIMINARY
  40. 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  41. II — .--OF THE RELEVANCY OF FACTS
  42. 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
  43. 34Entries in books of account when relevant
  44. 35Relevancy of entry in public record made in performance of duty
  45. 36Relevancy of statements in maps, charts and plans
  46. 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  47. 38Relevancy of statements as to any law contained in law-books
  48. I — .--PRELIMINARY
  49. 39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  50. II — .--OF THE RELEVANCY OF FACTS
  51. 40Previous judgments relevant to bar a second suit or trial
  52. 41Relevancy of certain judgments in probate, etc., jurisdiction
  53. 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
  54. I — .--PRELIMINARY
  55. 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
  56. II — .--OF THE RELEVANCY OF FACTS
  57. 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  58. 45Opinions of experts
  59. 45AOpinion of Examiner of Electronic Evidence
  60. 46Facts bearing upon opinions of experts
  61. 47Opinion as to hand-writing, when relevant
  62. 47AOpinion as to
  63. 48Opinion as to existence of right or custom, when relevant
  64. 49Opinion as to usages, tenets, etc., when relevant
  65. 50Opinion on relationship, when relevant
  66. 51Grounds of opinion, when relevant
  67. 52In civil cases character to prove conduct imputed, irrelevant
  68. 53In criminal cases previous good character relevant
  69. 53AEvidence of character or previous sexual experience not relevant in certain cases
  70. 54Previous bad character not relevant, except in reply
  71. 55Character as affecting damages
  72. III — .--FACTS WHICH NEED NOT BE PROVED
  73. 56Fact judicially noticeable need not be proved
  74. 57Facts of which Court must take judicial notice
  75. 58Facts admitted need not be proved
  76. IV — .-- OF ORAL EVIDENCE
  77. 59Proof of facts by oral evidence
  78. 60Oral evidence must be direct
  79. V — .--OF DOCUMENTARY EVIDENCE
  80. 61Proof of contents of documents
  81. 62Primary evidence
  82. 63Secondary evidence
  83. 64Proof of documents by primary evidence
  84. 65Cases in which secondary evidence relating to documents may be given
  85. 65BAdmissibility of electronic records
  86. 66Rules as to notice to produce
  87. 67Proof of signature and handwriting of person alleged to have signed or written document produced
  88. 68Proof of execution of document required by law to be attested
  89. 69Proof where no attesting witness found
  90. 70Admission of execution by party to attested document
  91. 71Proof when attesting witness denies the execution
  92. 72Proof of document not required by law to be attested
  93. 73Comparison of signature, writing or seal with others admitted or proved
  94. 73AProof as to verification of digital signature
  95. 74Public documents
  96. 76Certified copies of public documents
  97. 77Proof of documents by production of certified copies
  98. 78Proof of other official documents
  99. 79Presumption as to genuineness of certified copies
  100. 80Presumption as to documents produced as record of evidence
  101. 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
  102. 82Presumption as to document admissible in England without proof of seal or signature
  103. 83Presumption as to maps or plans made by authority of Government
  104. 84Presumption as to collections of laws and reports of decisions
  105. 85Presumption as to powers-of-attorney
  106. 85BPresumption as to electronic records and[6] [electronic signatures]
  107. 85CPresumption as to
  108. 86Presumption as to certified copies of foreign judicial records
  109. 87Presumption as to books, maps and charts
  110. 88Presumption as to telegraphic messages
  111. 89Presumption as to due execution, etc., of documents not produced
  112. 90Presumption as to documents thirty years old
  113. 90APresumption as to electronic records five years old
  114. VI — .--OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
  115. 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of documen
  116. 92Exclusion of evidence of oral agreement
  117. 93Exclusion of evidence to explain or amend ambiguous document
  118. 94Exclusion of evidence against application of document to existing facts
  119. 95Evidence as to document unmeaning reference to existing facts
  120. 96Evidence as to application of language which can apply to one only of several persons
  121. 97Evidence as to application of language to one of two sets of facts, to neither of which the
  122. 98Evidence as to meaning of illegible characters, etc
  123. 99Who may give evidence of agreement varying terms of document
  124. 100Saving of provisions of Indian Succession Act relating to wills
  125. VII — .--OF THE BURDEN OF PROOF
  126. 101Burden of proof
  127. 102On whom burden of proof lies
  128. 103Burden of proof as to particular fact
  129. 104Burden of proving fact to be proved to make evidence admissible
  130. 105Burden of proving that case of accused comes within exceptions
  131. 106Burden of proving fact especially within knowledge
  132. 107Burden of proving death of person known to have been alive within thirty years
  133. 108Burden of proving that person is alive who has not been heard of for seven years
  134. 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agen
  135. 110Burden of proof as to ownership
  136. 111Proof of good faith in transactions where one party is in relation of active confidence
  137. 112Birth during marriage, conclusive proof of legitimacy
  138. 113Proof of cession of territory
  139. 113BPresumption as to dowry death
  140. 114Court may presume existence of certain facts
  141. 114BPresumption as to offences committed under section 354, section 354A, section 354B, section 354C, se
  142. VIII — .--ESTOPPEL
  143. 115Estoppel
  144. 116Estoppel of tenant; and of licensee of person in possession
  145. 117Estoppel of acceptor of bill of exchange, bailee or licensee
  146. IX — .--OF WITNESSES
  147. 118Who may testify
  148. 119Witness unable to communicate verbally
  149. 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.*
  150. 121Judges and Magistrates
  151. 122Communications during marriage
  152. 123Evidence as to affairs of State
  153. 124Official communications
  154. 125Information as to commission of offences
  155. 126Professional communications
  156. 127Section 126 to apply to interpreters, etc
  157. 128Privilege not waived by volunteering evidence
  158. 129Confidential communications with legal advisers
  159. 130Production of title-deeds of witness not a party
  160. 132Witness not excused from answering on ground that answer will criminate
  161. 133Accomplice
  162. 134Number of witnesses
  163. X — .--OF THE EXAMINATION OF WITNESSES
  164. 135Order of production and examination of witnesses
  165. 136Judge to decide as to admissibility of evidence
  166. 137Examination-in-chief
  167. 138Order of examinations
  168. 139Cross-examination of person called to produce a document
  169. 140Witnesses to character
  170. 141Leading questions
  171. 142When they must not be asked
  172. 143When they may be asked
  173. 144Evidence as to matters in writing
  174. 146Questions lawful in cross-examination
  175. 147When witness to be compelled to answer
  176. 148Court to decide when question shall be asked and when witness compelled to answer
  177. 149Question not to be asked without reasonable grounds
  178. 150Procedure of Court in case of question being asked without reasonable grounds
  179. 151Indecent and scandalous questions
  180. 152Questions intended to insult or annoy
  181. X — .--OF THE EXAMINATION OF WITNESSES.
  182. 153Exclusion of evidence to contradict answers to questions testing veracity
  183. X — .--OF THE EXAMINATION OF WITNESSES
  184. 154Question by party to his own witness
  185. 155Impeaching credit of witness
  186. 156Questions tending to corroborate evidence of relevant fact, admissible
  187. 157Former statements of witness may be proved to corroborate later testimony as to same fact
  188. 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  189. 159Refreshing memory
  190. 160Testimony to facts stated in document mentioned in section 159
  191. 162Production of documents
  192. 163Giving, as evidence, of document called for and produced on notice
  193. 164Using, as evidence, of document production of which was refused on notice
  194. 165Judge's power to put questions or order production
  195. 166Power of jury or assessors to put questions
  196. XI — OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
  197. 167No new trial for improper admission or rejection of evidence
  198. X — .--OF THE EXAMINATION OF WITNESSES
  199. 1145Cross-examination as to previous statements in writing