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CHAPTER 80
EVIDENCE ACT
ARRANGEMENT OF SECTIONS
CHAPTER I – PRELIMINARY
Section
1. Short title.
2. Application.
3. Interpretation.
4. Presumptions of fact.
CHAPTER II – ADMISSIBILITY AND RELEVANCY
PART I – GENERAL
5. General restriction on admissibility of evidence.
6. Facts forming part of the same transaction.
7. Facts causing or caused by other facts.
8. Facts relating to motive, preparation and conduct.
9. Explanatory and introductory facts, etc.
10. Statements and actions referring to common intention.
11. Facts inconsistent with or affecting probability of, other facts.
12. Facts affecting quantum of damages.
13. Facts affecting existence of right or custom.
14. Facts showing state of mind or feeling.
15. Facts showing system.
16. Facts showing course of business.
PART II – ADMISSIONS
17. Admissions defined generally.
18. Statements by party to suit or agent or interested person.
19. Statements by persons whose position or liability must be proved as against party
to suit.
20. Statements by persons expressly referred to by party to suit.
20A. Proof of written statement by consent.
21. Proof of admissions against persons making them, and by or on their behalf.
22. Oral admissions as to contents of documents.
23. Admissions made without prejudice in civil cases.
24. Effect of admissions.
PART III – CONFESSIONS
25. Confession defined.
25A. Confessions generally inadmissible.
26. Confessions and admissions caused by inducement, threat or promise.
27. Confession made after removal of impression caused by inducement, threat or
promise.
28. Repealed.
Section
29. Confessions to police officers.
30. Repealed.
31. Repealed.
32. Confession implicating co-accused.
PART IV – STATEMENTS BY PERSONS
WHO CANNOT BE CALLED AS WITNESSES
33. Statement by deceased person, etc., when
34. Admissibility of evidence given in previous proceedings.
PART V – STATEMENTS IN DOCUMENTS
PRODUCED IN CIVIL PROCEEDINGS
35. Admissibility of documentary evidence as to facts in issue.
36. Weight to be attached to statement admissible under section 35.
PART VI – STATEMENTS UNDER SPECIAL CIRCUMSTANCES
37. Entries in books of account.
38. Entries in public records.
39. Statements, etc., in maps, charts and plans.
40. Statements of fact contained in laws and official gazettes, etc.
41. Statements as to law contained in books.
PART VII – EXTENT TO WHICH STATEMENT IS ADMISSIBLE
42. Extent of admissibility.
PART VIII – JUDGMENTS
43. Judgments, etc., excluding jurisdiction.
44. Judgments in rem.
45. Other judgments of a public nature.
46. Inadmissible judgments.
47. Proof that judgment was incompetent or obtained by fraud or collusion.
47A. Proof of guilt.
PART IX – OPINIONS
48. Opinions of experts.
49. Facts bearing upon opinions of experts.
50. Opinion as to handwriting.
51. Opinion relating to customs and rights.
52. Opinions of persons with special knowledge.
53. Opinion on relationship.
54. Grounds of opinion.
PART X – CHARACTER
Section
55. Character in civil cases.
56. Good character in criminal cases.
57. Bad character in criminal cases.
58. Definition of “character”.
CHAPTER III – PROOF
PART I – FACTS REQUIRING NO PROOF
59. Facts judicially noticed.
59A. Agreements on facts not in issue.
60. Facts of which court shall take judicial notice.
61. Facts admitted in civil proceedings.
PART II – ORAL EVIDENCE
62. Oral evidence.
63. Oral evidence must be direct.
63A. Teleconferencing and video conferencing.
PART III – DOCUMENTARY EVIDENCE
64. Proof of contents of documents.
65. Primary evidence.
66. Secondary evidence.
67. Proof of documents by primary evidence.
68. Proof of documents by secondary evidence.
69. Notice to produce a document.
70. Proof of allegation that persons signed or wrote a document.
71. Proof of execution of document required by law to be attested.
72. Proof where no attesting witness found.
73. Admission of execution of attested document.
74. Proof where attesting witness denies execution.
75. Proof of document not required to be attested.
76. Comparison of signatures, seals, etc.
77. Reports by Government analysts and geologists.
78. Photographic evidence—admissibility of certificate.
78A. Admissibility of electronic and digital evidence.
PART IV – PUBLIC DOCUMENTS
79. Distinction between public and private documents.
80. Certified copies of public documents.
81. Proof by certified copies.
82. Proof of certain public documents.
PART V – PRESUMPTIONS AS TO DOCUMENTS
83. Certified documents.
84. Records of evidence.
85. Gazette, etc., to be prima facie evidence.
86. Gazettes, newspapers, and documents produced from proper custody.
87. Publications generally.
88. Documents admissible in England.
Section
89. Maps or plans.
90. Law and judicial reports.
91. Powers of attorney.
92. Certified copies of foreign judicial records.
93. Books, maps and charts.
94. Telegraphic messages.
95. Presumption as to due execution, etc.
96. Documents twenty years old.
PART VI – EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
97. Written contracts and grants.
98. Evidence of oral agreement.
99. Evidence to explain a patent ambiguity.
100. Evidence to show inapplicability.
101. Evidence to explain a latent ambiguity.
102. Evidence of application to one of several subjects.
103. Evidence of application to one of several sets of facts.
104. Evidence to explain, special words.
105. Evidence of variation given by third parties.
106. Wills.
PART VII – ELECTRONIC RECORDS
106A. Section 106B to apply in proof of electronic records.
106B. Admissibility of electronic records.
106C. Proof as to a electronic signature.
106D. Proof as to the verification of electronic signature.
106E. Presumption as to Gazette in electronic form.
106F. Presumption as to electronic agreements.
106G. Presumption as to electronic records and electronic signatures.
106H. Presumption as to electronic signature certificates.
106I. Presumption as to electronic messages.
CHAPTER IV – PRODUCTION AND EFFECT OF EVIDENCE
PART I– BURDEN OF PROOF
107. Burden of proof.
108. Incidence of burden.
109. Proof of particular fact.
110. Proof of admissibility.
111. Burden on accused in certain cases.
112. Proof of special knowledge in civil proceedings.
113. Repealed.
114. Repealed.
115. Disproving apparent special relationship.
116. Disproving ownership.
117. Proof of good faith.
118. Conclusive proof of legitimacy.
118A. Presumption of death.
119. Presumption of likely facts.
PART II – ESTOPPEL
120. General estoppel.
121. Estoppel of tenant or licensee.
122. Estoppel of acceptor of a bill of exchange.
123. Estoppel of a bailee, licensee or agent.
PART III – EVIDENCE OF CHILDREN
124. Corroboration required in criminal cases.
CHAPTER V – WITNESSES
PART I – COMPETENCY OF WITNESSES
125. Competency generally.
126. Dumb witnesses.
127. Competency of parties and spouses.
PART II – COMPELLABILITY AND PRIVILEGES OF WITNESSES
128. Compellability of ordinary witnesses.
129. Privilege of court.
130. Communications during marriage.
131. Privilege relating to official records.
132. Privilege of official communications.
133. Privilege relating to information of commission of offences.
134. Privilege of advocates.
135. Privilege of interpreters, and advocates’ clerks and servants.
136. Waiving of privilege of advocates, etc.
137. Communications with an advocate.
138. Title deeds and incriminating documents in hands of third party.
139. Privileged document in possession of another.
140. Bankers’ books.
141. Accomplices.
142. Privileges to exclude oral evidence of documents.
143. Number of witnesses.
PART II – EXAMINATION OF WITNESSES
144. Court to decide as to the admissibility of evidence.
145. Types of examination of witnesses.
146. Order and direction of examinations.
PART IV – QUESTIONING OF WITNESSES
147. Person called to produce a document.
148. Witness to character.
149. Meaning of leading question.
150. Leading questions in examination-in-chief and re-examination.
151. Leading questions in cross-examination.
152. Examination as to whether certain formal matters are contained in writing.
153. Cross-examination as to previous written statements.
154. Cross-examination as to credibility.
155. Compulsion to answer questions as to credit.
156. Cross-examination of accused person.
157. Discretion of court to compel witness to answer questions as to credit.
158. Necessity for grounds before attacking character.
159. Indecent or scandalous questions.
160. Insulting or annoying questions.
161. Discretion to allow cross-examination of own witness.
162. Exclusion of evidence to contradict a witness.
163. Evidence to impeach the credit of a witness.
164. Circumstantial questions to confirm evidence
165. Proof of consistency by former statements.
166. Evidence to test statement of person not available as witness.
PART V – REFRESHING OF MEMORY AND PRODUCTION OF DOCUMENTS
167. Refreshing memory by reference to contemporaneous writing.
168. Reference to accurate contemporaneous record though facts themselves not
specifically recalled.
169. Rights of adverse party as to contemporaneous writing.
170. Production of documents of doubtful admissibility.
171. Document produced in answer to notice to be given as evidence if required.
172. Consequence of refusal to produce document in answer to notice.
173. Extended powers of court for purpose of obtaining proper evidence.
PART V – QUESTIONS BY ASSESSORS
174. Deleted.
CHAPTER VI – IMPROPER ADMISSION AND REJECTION OF EVIDENCE
175. Effect of improper admission or rejection.
CHAPTER VII – BANKERS’ BOOKS
176. Mode of proof of entries in bankers’ books.
177. Proof and verification of copy.
178. Restriction on compelling production of banker’s book.
179. Inspection of bankers’ books.
180. Warrant to investigate.
181. Costs.
CHAPTER VIII – MISCELLANEOUS PROVISIONS
182. Saving for other laws.
183. Amendment of laws.
184. Repeals.
185. Cessation of application of Indian Evidence Act.
SCHEDULES
FIRST SCHEDULE – CERTIFICATE AS TO PHOTOGRAPHIC PRINT
OR ENLARGEMENT
SECOND SCHEDULE – ENACTMENTS REPEALED
or
Continue reading the Act online.
CHAPTER 80
EVIDENCE ACT
ARRANGEMENT OF SECTIONS
CHAPTER I – PRELIMINARY
Section
1. Short title.
2. Application.
3. Interpretation.
4. Presumptions of fact.
CHAPTER II – ADMISSIBILITY AND RELEVANCY
PART I – GENERAL
5. General restriction on admissibility of evidence.
6. Facts forming part of the same transaction.
7. Facts causing or caused by other facts.
8. Facts relating to motive, preparation and conduct.
9. Explanatory and introductory facts, etc.
10. Statements and actions referring to common intention.
11. Facts inconsistent with or affecting probability of, other facts.
12. Facts affecting quantum of damages.
13. Facts affecting existence of right or custom.
14. Facts showing state of mind or feeling.
15. Facts showing system.
16. Facts showing course of business.
PART II – ADMISSIONS
17. Admissions defined generally.
18. Statements by party to suit or agent or interested person.
19. Statements by persons whose position or liability must be proved as against party
to suit.
20. Statements by persons expressly referred to by party to suit.
20A. Proof of written statement by consent.
21. Proof of admissions against persons making them, and by or on their behalf.
22. Oral admissions as to contents of documents.
23. Admissions made without prejudice in civil cases.
24. Effect of admissions.
PART III – CONFESSIONS
25. Confession defined.
25A. Confessions generally inadmissible.
26. Confessions and admissions caused by inducement, threat or promise.
27. Confession made after removal of impression caused by inducement, threat or
promise.
28. Repealed.
Section
29. Confessions to police officers.
30. Repealed.
31. Repealed.
32. Confession implicating co-accused.
PART IV – STATEMENTS BY PERSONS
WHO CANNOT BE CALLED AS WITNESSES
33. Statement by deceased person, etc., when
34. Admissibility of evidence given in previous proceedings.
PART V – STATEMENTS IN DOCUMENTS
PRODUCED IN CIVIL PROCEEDINGS
35. Admissibility of documentary evidence as to facts in issue.
36. Weight to be attached to statement admissible under section 35.
PART VI – STATEMENTS UNDER SPECIAL CIRCUMSTANCES
37. Entries in books of account.
38. Entries in public records.
39. Statements, etc., in maps, charts and plans.
40. Statements of fact contained in laws and official gazettes, etc.
41. Statements as to law contained in books.
PART VII – EXTENT TO WHICH STATEMENT IS ADMISSIBLE
42. Extent of admissibility.
PART VIII – JUDGMENTS
43. Judgments, etc., excluding jurisdiction.
44. Judgments in rem.
45. Other judgments of a public nature.
46. Inadmissible judgments.
47. Proof that judgment was incompetent or obtained by fraud or collusion.
47A. Proof of guilt.
PART IX – OPINIONS
48. Opinions of experts.
49. Facts bearing upon opinions of experts.
50. Opinion as to handwriting.
51. Opinion relating to customs and rights.
52. Opinions of persons with special knowledge.
53. Opinion on relationship.
54. Grounds of opinion.
PART X – CHARACTER
Section
55. Character in civil cases.
56. Good character in criminal cases.
57. Bad character in criminal cases.
58. Definition of “character”.
CHAPTER III – PROOF
PART I – FACTS REQUIRING NO PROOF
59. Facts judicially noticed.
59A. Agreements on facts not in issue.
60. Facts of which court shall take judicial notice.
61. Facts admitted in civil proceedings.
PART II – ORAL EVIDENCE
62. Oral evidence.
63. Oral evidence must be direct.
63A. Teleconferencing and video conferencing.
PART III – DOCUMENTARY EVIDENCE
64. Proof of contents of documents.
65. Primary evidence.
66. Secondary evidence.
67. Proof of documents by primary evidence.
68. Proof of documents by secondary evidence.
69. Notice to produce a document.
70. Proof of allegation that persons signed or wrote a document.
71. Proof of execution of document required by law to be attested.
72. Proof where no attesting witness found.
73. Admission of execution of attested document.
74. Proof where attesting witness denies execution.
75. Proof of document not required to be attested.
76. Comparison of signatures, seals, etc.
77. Reports by Government analysts and geologists.
78. Photographic evidence—admissibility of certificate.
78A. Admissibility of electronic and digital evidence.
PART IV – PUBLIC DOCUMENTS
79. Distinction between public and private documents.
80. Certified copies of public documents.
81. Proof by certified copies.
82. Proof of certain public documents.
PART V – PRESUMPTIONS AS TO DOCUMENTS
83. Certified documents.
84. Records of evidence.
85. Gazette, etc., to be prima facie evidence.
86. Gazettes, newspapers, and documents produced from proper custody.
87. Publications generally.
88. Documents admissible in England.
Section
89. Maps or plans.
90. Law and judicial reports.
91. Powers of attorney.
92. Certified copies of foreign judicial records.
93. Books, maps and charts.
94. Telegraphic messages.
95. Presumption as to due execution, etc.
96. Documents twenty years old.
PART VI – EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
97. Written contracts and grants.
98. Evidence of oral agreement.
99. Evidence to explain a patent ambiguity.
100. Evidence to show inapplicability.
101. Evidence to explain a latent ambiguity.
102. Evidence of application to one of several subjects.
103. Evidence of application to one of several sets of facts.
104. Evidence to explain, special words.
105. Evidence of variation given by third parties.
106. Wills.
PART VII – ELECTRONIC RECORDS
106A. Section 106B to apply in proof of electronic records.
106B. Admissibility of electronic records.
106C. Proof as to a electronic signature.
106D. Proof as to the verification of electronic signature.
106E. Presumption as to Gazette in electronic form.
106F. Presumption as to electronic agreements.
106G. Presumption as to electronic records and electronic signatures.
106H. Presumption as to electronic signature certificates.
106I. Presumption as to electronic messages.
CHAPTER IV – PRODUCTION AND EFFECT OF EVIDENCE
PART I– BURDEN OF PROOF
107. Burden of proof.
108. Incidence of burden.
109. Proof of particular fact.
110. Proof of admissibility.
111. Burden on accused in certain cases.
112. Proof of special knowledge in civil proceedings.
113. Repealed.
114. Repealed.
115. Disproving apparent special relationship.
116. Disproving ownership.
117. Proof of good faith.
118. Conclusive proof of legitimacy.
118A. Presumption of death.
119. Presumption of likely facts.
PART II – ESTOPPEL
120. General estoppel.
121. Estoppel of tenant or licensee.
122. Estoppel of acceptor of a bill of exchange.
123. Estoppel of a bailee, licensee or agent.
PART III – EVIDENCE OF CHILDREN
124. Corroboration required in criminal cases.
CHAPTER V – WITNESSES
PART I – COMPETENCY OF WITNESSES
125. Competency generally.
126. Dumb witnesses.
127. Competency of parties and spouses.
PART II – COMPELLABILITY AND PRIVILEGES OF WITNESSES
128. Compellability of ordinary witnesses.
129. Privilege of court.
130. Communications during marriage.
131. Privilege relating to official records.
132. Privilege of official communications.
133. Privilege relating to information of commission of offences.
134. Privilege of advocates.
135. Privilege of interpreters, and advocates’ clerks and servants.
136. Waiving of privilege of advocates, etc.
137. Communications with an advocate.
138. Title deeds and incriminating documents in hands of third party.
139. Privileged document in possession of another.
140. Bankers’ books.
141. Accomplices.
142. Privileges to exclude oral evidence of documents.
143. Number of witnesses.
PART II – EXAMINATION OF WITNESSES
144. Court to decide as to the admissibility of evidence.
145. Types of examination of witnesses.
146. Order and direction of examinations.
PART IV – QUESTIONING OF WITNESSES
147. Person called to produce a document.
148. Witness to character.
149. Meaning of leading question.
150. Leading questions in examination-in-chief and re-examination.
151. Leading questions in cross-examination.
152. Examination as to whether certain formal matters are contained in writing.
153. Cross-examination as to previous written statements.
154. Cross-examination as to credibility.
155. Compulsion to answer questions as to credit.
156. Cross-examination of accused person.
157. Discretion of court to compel witness to answer questions as to credit.
158. Necessity for grounds before attacking character.
159. Indecent or scandalous questions.
160. Insulting or annoying questions.
161. Discretion to allow cross-examination of own witness.
162. Exclusion of evidence to contradict a witness.
163. Evidence to impeach the credit of a witness.
164. Circumstantial questions to confirm evidence
165. Proof of consistency by former statements.
166. Evidence to test statement of person not available as witness.
PART V – REFRESHING OF MEMORY AND PRODUCTION OF DOCUMENTS
167. Refreshing memory by reference to contemporaneous writing.
168. Reference to accurate contemporaneous record though facts themselves not
specifically recalled.
169. Rights of adverse party as to contemporaneous writing.
170. Production of documents of doubtful admissibility.
171. Document produced in answer to notice to be given as evidence if required.
172. Consequence of refusal to produce document in answer to notice.
173. Extended powers of court for purpose of obtaining proper evidence.
PART V – QUESTIONS BY ASSESSORS
174. Deleted.
CHAPTER VI – IMPROPER ADMISSION AND REJECTION OF EVIDENCE
175. Effect of improper admission or rejection.
CHAPTER VII – BANKERS’ BOOKS
176. Mode of proof of entries in bankers’ books.
177. Proof and verification of copy.
178. Restriction on compelling production of banker’s book.
179. Inspection of bankers’ books.
180. Warrant to investigate.
181. Costs.
CHAPTER VIII – MISCELLANEOUS PROVISIONS
182. Saving for other laws.
183. Amendment of laws.
184. Repeals.
185. Cessation of application of Indian Evidence Act.
SCHEDULES
FIRST SCHEDULE – CERTIFICATE AS TO PHOTOGRAPHIC PRINT
OR ENLARGEMENT
SECOND SCHEDULE – ENACTMENTS REPEALED