Table Of Contents:
Detailed Contents

EVIDENCE ACT, 1872

Section 3 — Interpretation clause

Section 4 — “May presume”

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 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

Section 17 — Admission defi ned .

Section 18 — Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived

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 23 — Admissions in civil cases, when relevant

Section 24 — Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

Section 25 — Confession to police offi cer 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 30 — Consideration of proved confession affecting person making it and others jointly under trial for same offence

Section 32 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Section 34 — Entries in books of account when relevant

Section 35 — Relevancy of entry in public record, made in performance of duty

Section 40 — Previous judgments relevant to bar a second suit or trial

Section 41 — Relevancy of certain judgments in probate, etc., jurisdiction

Section 42 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41

Section 43 — Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant

Section 44 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Section 45 — Opinions of experts

Section 45-A — Opinion of Examiner of Electronic Evidence

Section 47 — Opinion as to handwriting, when relevant

Section 48 — Opinion as to existence of right or custom, when relevant

Section 49 — Opinions as to usages, tenets, etc., when relevant

Section 50 — Opinion on relationship, when relevant

Section 51 — Grounds of opinion, when relevant

Section 53 — In criminal cases, previous good character relevant

Section 54 — Previous bad character not relevant, except in reply

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

Section 59 — Proof of facts by oral evidence

Section 60 — Oral evidence must be direct

Section 61 — Proof of contents of documents

Section 62 — Primary evidence

Section 63 — Secondary evidence

Section 64 — Proof of documents by primary evidence

Section 65 — Cases in which secondary evidence relating to documents may be given

Section 65-A — Special provisions as to evidence relating to electronic record

Section 65-B — Admissibility of electronic records

Section 66 — Rules as to notice to produce

Section 67 — Proof of signature and handwriting of person alleged to have signed or written document produced

Section 68 — Proof of execution of document required by law to be attested

Section 69 — Proof where no attesting witness found

Section 71 — Proof when attesting witness denies the execution

Section 73 — Comparison of signature, writing or seal with others admitted or proved

Section 74 — Public documents

Section 76 — Certifi ed copies of public documents .

Section 78 — Proof of other offi cial documents

Section 83 — Presumption as to maps or plans made by authority of Government

Section 90 — Presumption as to documents thirty years old

Section 91 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

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 in unmeaning reference to existing facts

Section 96 — Evidence as to application of language which can apply to one only of several persons

Section 101 — 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 106 — Burden of proving fact especially within knowledge

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 112 — Birth during marriage, conclusive proof of legitimacy

Section 114 — Court may presume existence of certain facts .

Section 115 — Estoppel

Section 116 — Estoppel of tenant and of licensee of person in possession

Section 117 — Estoppel of acceptor of bill of exchange, bailee or liensee

Section 118 — Who may testify

Section 121 — Judges and Magistrates

Section 123 — Evidence as to affairs of State

Section 124 — Offi cial communications

Section 126 — Professional communications

Section 132 — Witness not excused from answering on ground that answer will criminate

Section 133 — Accomplice

Section 134 — Number 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 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 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 157 — Former statements of witness may be proved to corroborate later testimony as to same fact

Section 159 — Refreshing memory

Section 160 — Testimony to facts stated in document mentioned in Section 159

Section 161 — Right of adverse party as to writing used to refresh memory

Section 165 — Judge’s power to put questions or order production