Indian Evidence Act

77,795 indexed judgments cite this act. Sections below link to the judgments in the corpus that rely on them, alongside a recently decided selection.

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Sections in the index

Section 1Short title.––This Act may be called the Indian Evidence Act, 1872.
Section 2Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in and for that Part B State or country” (w.e.f. 1-4-1951).
Section 3Interpretation-clause.––In this Act the following words and expressions are used in the following
Section 4Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for the words “all documents produced for the inspection of the
Section 5Evidence may be given of facts in issue and relevant facts.––Evidence may be given in any suit
Section 6Subs. by ibid., s. 52, for “Digital Signature Certificate” (w.e.f. 27.10.2009).
Section 7The “last paragraph” omitted by Act 10 of 1914, s. 3 and the Second Schedule (w.e.f. 17-3-1914).
Section 8The words “a Part B State or of” omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
Section 9Subs. by the A.O. 1937 for “the Gazette of India or in the Official Gazette of any L.G.”.
Section 10Things said or done by conspirator in reference to common design.––Where there is
Section 11When facts not otherwise relevant become relevant.––Facts not otherwise relevant are
Section 12In suits for damages, facts tending to enable Court to determine amount are relevant.
Section 13Facts relevant when right or custom is in question.
Section 14The words “a Part B State or” ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
Section 15Facts bearing on question whether act was accidental or intentional.––When there is a
Section 16Subs., ibid., for clause (40).
Section 17Admission defined.––An admission is a statement, 1[oral or documentary or contained in
Section 18Admission by party to proceeding or his agent;––Statements made by a party to the
Section 19Admissions by persons whose position must be proved as against party to suit.
Section 20Admissions by persons expressly referred to by party to suit.––Statements made by persons to
Section 21Proof of admissions against persons making them, and by or on their behalf.
Section 22When oral admissions as to contents of documents are relevant.––Oral admissions as to the
Section 23Admissions in civil cases when relevant.––In civil cases no admission is relevant, if it is made
Section 24Confession caused by inducement, threat or promise, when irrelevant in criminal
Section 25Confession to police-officer not to be proved.––No confession made to a police-officer3, shall
Section 26Confession by accused while in custody of Police not to be proved against him.
Section 27How much of information received from accused may be proved.––Provided that, when any
Section 28Confession made after removal of impression caused by inducement, threat or promise, relevant.
Section 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
Section 30Consideration of proved confession affecting person making it and others jointly under trial
Section 31Admissions not conclusive proof, but may estop.
Section 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
Section 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein
Section 34Entries in books of account when relevant.––1[Entries in the books of account, including those
Section 35Relevancy of entry in public record made in performance of duty.––An entry in any public or
Section 36Relevancy of statements in maps, charts and plans.––Statements of facts in issue or relevant
Section 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
Section 38Relevancy of statements as to any law contained in law-books.
Section 39What evidence to be given when statement forms part of a conversation, document, electronic
Section 40Previous judgments relevant to bar a second suit or trial.––The existence of any judgment,
Section 41Relevancy of certain judgments in probate, etc., jurisdiction.––A final judgment, order or
Section 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.
Section 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.
Section 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be
Section 45Opinions of experts.––When the Court has to form an opinion upon a point of foreign law or of
Section 46Facts bearing upon opinions of experts.––Facts, not otherwise relevant, are relevant if they
Section 47Opinion as to hand-writing, when relevant.––When the Court has to form an opinion as to the
Section 48Opinion as to existence of right or custom, when relevant.––When the Court has to form an
Section 49Opinion as to usages, tenets, etc., when relevant.–– When the Court has to form an opinion as
Section 50Opinion on relationship, when relevant.––When the Court has to form an opinion as to the
Section 51Grounds of opinion, when relevant.––Whenever the opinion of any living person is relevant, the
Section 52In civil cases character to prove conduct imputed, irrelevant.––In civil cases, the fact that the
Section 53In criminal cases previous good character relevant.––In criminal proceedings, the fact that the
Section 54Previous bad character not relevant, except in reply
Section 55Character as affecting damages.––In civil cases, the fact that the character of any person is such
Section 56Fact judicially noticeable need not be proved.
Section 57Facts of which Court must take judicial notice.––The Court shall take judicial notice of the
Section 58Facts admitted need not be proved.––No fact need be proved in any proceeding which the
Section 59Proof of facts by oral evidence.––All facts, except the 1[contents of documents or electronic
Section 60Oral evidence must be direct.––Oral evidence must, in all cases whatever, be direct; that is to
Section 61Proof of contents of documents. –– The contents of documents may be proved either by primary
Section 62Primary evidence.––Primary evidence means the document itself produced for the inspection of
Section 63Secondary evidence.––Secondary evidence means and includes––
Section 64Proof of documents by primary evidence.––Documents must be proved by primary evidence
Section 65Cases in which secondary evidence relating to documents may be given.––Secondary
Section 66Rules as to notice to produce.—Secondary evidence of the contents of the documents referred to
Section 67Proof of signature and handwriting of person alleged to have signed or written document
Section 68Proof of execution of document required by law to be attested.––If a document is required by
Section 69Proof where no attesting witness found.––If no such attesting witness can be found, or if the
Section 70Admission of execution by party to attested document.––The admission of a party to an
Section 71Proof when attesting witness denies the execution.––If the attesting witness denies or does not
Section 72Proof of document not required by law to be attested.––An attested document not required by
Section 73Comparison of signature, writing or seal with others admitted or proved.––In order to
Section 74Public documents.––The following documents are public documents:––
Section 75Private documents
Section 76Certified copies of public documents.––Every public officer having the custody of a public
Section 77Proof of documents by production of certified copies.––Such certified copies may be produced
Section 78Proof of other official documents.––The following public documents may be proved as
Section 79Presumption as to genuineness of certified copies.––The Court shall presume 8[to be genuine]
Section 80Presumption as to documents produced as record of evidence.––Whenever any document is
Section 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other
Section 82Presumption as to document admissible in England without proof of seal or signature.
Section 83Presumption as to maps or plans made by authority of Government.––The Court shall
Section 84Presumption as to collections of laws and reports of decisions.––The Court shall presume the
Section 85Presumption as to powers-of-attorney.––The Court shall presume that every document
Section 86Presumption as to certified copies of foreign judicial records. The Court may presume that
Section 87Presumption as to books, maps and charts.––The Court may presume that any book to which it
Section 88Presumption as to telegraphic messages.––The Court may presume that a message, forwarded
Section 89Presumption as to due execution, etc., of documents not produced.––The Court shall presume
Section 90Presumption as to documents thirty years old.––Where any document, purporting or proved to
Section 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of
Section 92Exclusion of evidence of oral agreement.––When the terms of any such contract, grant or other
Section 93Exclusion of evidence to explain or amend ambiguous document.––When the language used
Section 94Exclusion of evidence against application of document to existing facts.––When language
Section 95Evidence as to document unmeaning reference to existing facts.––When language used in a
Section 96Evidence as to application of language which can apply to one only of several
Section 97Evidence as to application of language to one of two sets of facts, to neither of which the
Section 98Evidence as to meaning of illegible characters, etc.––Evidence may be given to show the
Section 99Who may give evidence of agreement varying terms of document.––Persons who are not
Section 100Saving of provisions of Indian Succession Act relating to wills.––Nothing in this Chapter
Section 101Burden of proof.––Whoever desires any Court to give judgment as to any legal right or liability
Section 102On whom burden of proof lies.––The burden of proof in a suit or proceeding lies on that
Section 103Burden of proof as to particular fact.––The burden of proof as to any particular fact lies on
Section 104Burden of proving fact to be proved to make evidence admissible.––The burden of proving
Section 105Burden of proving that case of accused comes within exceptions.
Section 106Burden of proving fact especially within knowledge.––When any fact is especially within the
Section 107Burden of proving death of person known to have been alive within thirty years.––When
Section 108Burden of proving that person is alive who has not been heard of for seven
Section 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and
Section 110Burden of proof as to ownership.––When the question is whether any person is owner of
Section 111Proof of good faith in transactions where one party is in relation of active
Section 112Birth during marriage, conclusive proof of legitimacy.––The fact that any person was born
Section 113Proof of cession of territory.––A notification in the official Gazette that any portion of British
Section 114Court may presume existence of certain facts. –– The Court may presume the existence of any
Section 115Estoppel.––When one person has, by his declaration, act or omission, intentionally caused or permitted
Section 116Estoppel of tenant; and of licensee of person in possession.––No tenant of immovable property, or
Section 117Estoppel of acceptor of bill of exchange, bailee or licensee.
Section 118Who may testify.––All persons shall be competent to testify unless the Court considers that they
Section 119Witness unable to communicate verbally
Section 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
Section 121Judges and Magistrates.––No Judge or Magistrate shall, except upon the special order of some
Section 122Communications during marriage.––No person who is or has been married, shall be
Section 123Evidence as to affairs of State.––No one shall be permitted to give any evidence derived from
Section 124Official communications.––No public officer shall be compelled to disclose communications
Section 125Information as to commission of offences
Section 126Professional communications.––No barrister, attorney, pleader or vakil, shall at any time be
Section 127Section 126 to apply to interpreters, etc.––The provisions of section 126 shall apply to
Section 128Privilege not waived by volunteering evidence.––If any party to a suit gives evidence therein
Section 129Confidential communications with legal advisers.––No one shall be compelled to disclose to
Section 130Production of title-deeds of witness not a party.––No witness who is not a party to a suit shall
Section 131Production of documents or electronic records which another person, having possession, could
Section 132Witness not excused from answering on ground that answer will criminate.
Section 133Accomplice.––An accomplice shall be a competent witness against an accused person; and a
Section 134Number of witnesses.––No particular number of witnesses shall in any case be required for the
Section 135Order of production and examination of witnesses.––The order in which witnesses are
Section 136Judge to decide as to admissibility of evidence.––When either party proposes to give evidence
Section 137Examination-in-chief.––The examination of witness by the party who calls him shall be called
Section 138Order of examinations.––Witnesses shall be first examined-in-chief, then (if the adverse party
Section 139Cross-examination of person called to produce a document.––A person summoned to
Section 140Witnesses to character.––Witnesses to character may be cross-examined and re-examined.
Section 141Leading questions.––Any question suggesting the answer which the person putting it wishes or
Section 142When they must not be asked.––Leading questions must not, if objected to by the adverse
Section 143When they may be asked.––Leading questions may be asked in cross-examination.
Section 144Evidence as to matters in writing.––Any witness may be asked, whilst under examination,
Section 145Cross-examination as to previous statements in writing
Section 146Questions lawful in cross-examination.––When a witness is cross-examined, he may, in
Section 147When witness to be compelled to answer.––If any such question relates to a matter
Section 148Court to decide when question shall be asked and when witness compelled to
Section 149Question not to be asked without reasonable grounds.–– No such question as is referred to in
Section 150Procedure of Court in case of question being asked without reasonable grounds.
Section 151Indecent and scandalous questions.––The Court may forbid any questions or inquiries which it
Section 152Questions intended to insult or annoy.––The Court shall forbid any question which appears to
Section 153Exclusion of evidence to contradict answers to questions testing veracity.––When a witness
Section 154Question by party to his own witness.––1[(1)] The Court may, in its discretion, permit the
Section 155Impeaching credit of witness.––The credit of a witness may be impeached in the following
Section 156Questions tending to corroborate evidence of relevant fact, admissible.––When a witness
Section 157Former statements of witness may be proved to corroborate later testimony as to same fact.
Section 158What matters may be proved in connection with proved statement relevant under
Section 159Refreshing memory.––A witness may, while under examination, refresh his memory by
Section 160Testimony to facts stated in document mentioned in section 159.––A witness may also testify
Section 161Right of adverse party as to writing used to refresh memory
Section 162Production of documents.––A witness summoned to produce a document shall, if it is in his
Section 163Giving, as evidence, of document called for and produced on notice.––When a party calls for
Section 164Using, as evidence, of document production of which was refused on notice.––When a party
Section 165Judge’s power to put questions or order production.––The Judge may, in order to discover or
Section 166Power of jury or assessors to put questions.
Section 167No new trial for improper admission or rejection of evidence.––The improper admission or
Section 1145Cross-examination as to previous statements in writing.––A witness may be cross-examined
Section 1161Right of adverse party as to writing used to refresh memory.––Any writing referred to
Section 111APresumption as to certain offences
Section 113APresumption as to abetment of suicide by a married woman
Section 113BPresumption as to dowry death
Section 114APresumption as to absence of consent in certain prosecution for rape.
Section 114BPresumption as to offences committed under section 354, section 354A, section 354B, section
Section 22AWhen oral admission as to contents of electronic records are relevant
Section 47AOpinion as to digital signature when relevant
Section 53AEvidence of character or previous sexual experience not relevant in certain cases.
Section 65ASpecial provisions as to evidence relating to electronic record
Section 65BAdmissibility of electronic records.––(1) Notwithstanding anything contained in this Act, any
Section 67AProof as to digital signature
Section 73AProof as to verification of digital signature
Section 81APresumption as to Gazettes in electronic forms
Section 85APresumption as to electronic agreements
Section 85BPresumption as to electronic records and 6[electronic signatures]. –– (1) In any proceedings
Section 85CPresumption as to 6[Electronic Signature Certificates].––The Court shall presume, unless
Section 88APresumption as to electronic messages
Section 90APresumption as to electronic records five years old.

Recently decided under this act

Safiran Bibi v. The State of Jharkhand27 Aug 2026
Safiran Bibi v. The State of Jharkhand27 Aug 2026
Smt. Rani Singh v. State Of Chhattisgarh Through Police Station Sarkanda, District25 Aug 2026
Govindaraja Venkatesh Iyengar,Hindu of Indian Origin v. B)Prakash S. Iyengar @ I.S.Prakash21 Aug 2026
Govindaraja Venkatesh Iyengar,Hindu of Indian Origin v. B)Prakash S. Iyengar @ I.S.Prakash21 Aug 2026
SRI. RANGANATHA REDDY v. SRI R.KESHAVAREDDY20 Aug 2026
SRI. RANGANATHA REDDY v. SRI R.KESHAVAREDDY20 Aug 2026
Arun Kumar Suna v. State Of Chhattisgarh20 Aug 2026
T. LOKPRAKASH REDDY, DEAD BY LRS, HIGH v. MR. A.R.S. CHITRA REDDY18 Aug 2026
T. LOKPRAKASH REDDY, DEAD BY LRS, HIGH v. MR. A.R.S. CHITRA REDDY18 Aug 2026
T. LOKPRAKASH REDDY, DEAD BY LRS, HIGH v. MR. A.R.S. CHITRA REDDY18 Aug 2026
T. LOKPRAKASH REDDY, DEAD BY LRS, HIGH v. MR. A.R.S. CHITRA REDDY18 Aug 2026