THE INDIAN EVIDENCE ACT, 1872 | THE BHARATIYA SAKSHYA BILL, 2023 | ||
1 | Short title | 1 | Short title, application and commencement. |
Extent | 2 | Definitions | |
Commencement of Act | 3 | Evidence may be given of facts in issue and relevant facts. | |
2 | [Repealed ] | 4 | Relevancy of facts forming part of same transaction. |
3 | Interpretation-clause | 5 | Facts which are the occasion, cause or effect of facts in issue or relevant facts. |
“Court” | 6 | Motive, preparation and previous or subsequent conduct. | |
“Fact” | 7 | Facts necessary to explain or introduce fact in issue or relevant facts. | |
“Relevant” | 8 | Things said, done by conspirator in reference to common design. | |
“Facts in issue” | 9 | When facts not otherwise relevant become relevant. | |
“Document” | 10 | Facts tending to enable Court to determine amount are relevant in suits for damages. | |
“Evidence” | 11 | Facts relevant when right or custom is in question. | |
“Proved” | 12 | Facts showing existence of state of mind, or of body of bodily feeling. | |
“Disproved” “ | 13 | Facts bearing on question whether act was accidental or intentional. | |
Not proved” | 14 | Existence of course of business when relevant. | |
“India” | 15 | Admission defined. | |
4 | “May Presume ” | 16 | Admission by party to proceeding or his agent. |
“Shall presume ” | 17 | Admissions by persons whose position must be proved as against party to suit. | |
“Conclusive proof” | 18 | Admissions by persons expressly referred to by party to suit. | |
5 | Evidence may be given of facts in issue and relevant facts | 19 | Proof of admissions against persons making them, and by or on their behalf. |
6 | Relevancy of facts forming part of same transaction | 20 | When oral admissions as to contents of documents are relevant. |
7 | Facts which are the occasion, cause or effect of facts in issue | 21 | Admissions in civil cases when relevant. |
8 | Motive, preparation and previous or subsequent conduct | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. |
9 | Facts necessary to explain or introduce relevant facts | 23 | Confession to police officer. |
10 | Things said or done by conspirator in reference to common design | 24 | Consideration of proved confession affecting person making it and others jointly under trial for same offence. |
11 | When facts not otherwise relevant become relevant | 25 | Admissions not conclusive proof, but may estop. |
12 | In suits for damages, facts tending to enable Court to determine amount are relevant | 26 | Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant. |
13 | Facts relevant when right or custom is in question | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Statements made under special circumstances |
14 | Facts showing existence of state of mind, or of body, or bodily feeling | 28 | Entries in books of account when relevant. |
15 | Facts bearing on question whether act was accidental or intentional | 29 | Relevancy of entry in public record or an electronic record made in performance of duty. |
16 | Existence of course of business when relevant | 30 | Relevancy of statements in maps, charts and plans. |
17 | Admission defined | 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications. |
18 | Admission–– | 32 | Relevancy of statements as to any law contained in law books including electronic or digital form. |
by party to proceeding or his agent; | 33 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. Judgments of Courts when relevant | |
by suitor in representative character; | 34 | Previous judgments relevant to bar a second suit or trial. | |
by party interested in subject-matter; | 35 | Relevancy of certain judgments in probate, etc., jurisdiction. | |
by person from whom interest derived | 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. | |
19 | Admissions by persons whose position must be proved as against party to suit | 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. |
20 | Admissions by persons expressly referred to by party to suit | 38 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of third persons when relevant |
21 | Proof of admissions against persons making them, and by or on their behalf | 39 | Opinions of experts. |
22 | When oral admissions as to contents of documents are relevant | 40 | Facts bearing upon opinions of experts. |
22A | When oral admission as to contents of electronic records are relevant | 41 | Opinion as to hand-writing and digital signature, when relevant. |
23 | Admissions in civil cases when relevant | 42 | Opinion as to existence of general custom or right, when relevant. |
24 | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding | 43 | Opinion as to usages, tenets, etc., when relevant. |
25 | Confession to police-officer not to be proved | 44 | Opinion on relationship, when relevant. |
26 | Confession by accused while in custody of Police not to be proved against him | 45 | Grounds of opinion, when relevant. Character when relevant |
27 | How much of information received from accused may be proved | 46 | In civil cases character to prove conduct imputed, irrelevant. |
28 | Confession made after removal of impression caused by inducement, threat or promise, relevant | 47 | In criminal cases previous good character relevant. |
29 | Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc | ||
30 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | 48 | Evidence of character or previous sexual experience not relevant in certain cases. |
31 | Admissions not conclusive proof, but may estop | 49 | Previous bad character not relevant, except in reply. |
32 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc , is relevant When it relates to cause of death; | 50 | Character as affecting damages. |
or is made in course of business; | 51 | Fact judicially noticeable need not be proved. | |
or against interest of maker; | 52 | Facts of which Court shall take judicial notice. | |
or gives opinion as to public right or custom, or matters of general interest; | 53 | Facts admitted need not be proved. | |
or relates to existence of relationship; or is made in will or deed relating to family affairs; | 54 | Proof of facts by oral evidence. | |
or in document relating to transaction mentioned in section , clause (a); | 55 | Oral evidence to be direct. | |
or is made by several persons and expresses feelings relevant to matter in question | 56 | Proof of contents of documents. | |
33 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | 57 | Primary evidence. |
34 | Entries in books of account when relevant | 58 | Secondary evidence. |
35 | Relevancy of entry in public record made in performance of duty | 59 | Proof of documents by primary evidence. |
36 | Relevancy of statements in maps, charts and plans | 60 | Cases in which secondary evidence relating to documents may be given. |
37 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications | 61 | Admissibility of electronic or digital record. |
38 | Relevancy of statements as to any law contained in law-books | 62 | Special provisions as to evidence relating to electronic record. |
39 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers | 63 | Admissibility of electronic records. |
40 | Previous judgments relevant to bar a second suit or trial | 64 | Rules as to notice to produce. |
41 | Relevancy of certain judgments in probate, etc , jurisdiction | 65 | Proof of signature and handwriting of person alleged to have signed or written document produced. |
42 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section | 66 | Proof as to electronic signature. |
43 | Judgments, etc , other than those mentioned in sections , and , when relevant | 67 | Proof of execution of document required by law to be attested. |
44 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | 68 | Proof where no attesting witness found. |
45 | Opinions of experts | 69 | Admission of execution by party to attested document. |
45A | Opinion of Examiner of Electronic Evidence | 70 | Proof when attesting witness denies the execution. |
46 | Facts bearing upon opinions of experts | 71 | Proof of document not required by law to be attested. |
47 | Opinion as to handwriting, when relevant | 72 | Comparison of signature, writing or seal with others admitted or proved. |
47A | Opinion as to digital signature, when relevant | 73 | Proof as to verification of digital signature. |
48 | Opinion as to existence of right or custom, when relevant | 74 | Public and private documents. |
49 | Opinion as to usages, tenets, etc , when relevant | 75 | Certified copies of public documents. |
50 | Opinion on relationships, when relevant | 76 | Proof of documents by production of certified copies. |
51 | Grounds of opinion, when relevant | 77 | Proof of other official documents. Presumptions as to documents |
52 | In civil cases character to prove conduct imputed, irrelevant | 78 | Presumption as to genuineness of certified copies |
53 | In criminal cases previous good character relevant | 79 | Presumption as to documents produced as record of evidence, etc. |
53A | Evidence of character or previous sexual experience is not relevant in certain cases | 80 | Presumption as to Gazettes, newspapers, and other documents. |
54 | Previous bad character not relevant, except in reply | 81 | Presumption as to Gazettes in electronic or digital record. |
55 | Character as affecting damages | 82 | Presumption as to maps or plans made by authority of Government. |
56 | Fact judicially noticeable need not be proved | 83 | Presumption as to collections of laws and reports of decisions. |
57 | Facts of which Court must take judicial notice | 84 | Presumption as to powers-of-attorney. |
58 | Facts admitted need not be proved | 85 | Presumption as to electronic agreements. |
59 | Proof of facts by oral evidence | 86 | Presumption as to electronic records and electronic signatures. |
60 | Oral evidence must be direct | 87 | Presumption as to Electronic Signature Certificates. |
61 | Proof of contents of documents | 88 | Presumption as to certified copies of foreign judicial records. |
62 | Primary evidence | 89 | Presumption as to books, maps and charts. |
63 | Secondary evidence | 90 | Presumption as to electronic messages. |
64 | Proof of documents by primary evidence | 91 | Presumption as to due execution, etc., of documents not produced. |
65 | Cases in which secondary evidence relating to documents may be given | 92 | Presumption as to documents thirty years old. |
65A | Special provisions as to evidence relating to electronic record | 93 | Presumption as to electronic records five years old. |
65B | Admissibility of electronic records | 94 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. |
66 | Rules as to notice to produce | 95 | Exclusion of evidence of oral agreement. |
67 | Proof of signature and handwriting of person alleged to have signed or written document produced | 96 | Exclusion of evidence to explain or amend ambiguous document. |
67A | Proof as to electronic signature | 97 | Exclusion of evidence against application of document to existing facts. |
68 | Proof of execution of document required by law to be attested | 98 | Evidence as to document unmeaning reference to existing facts. |
69 | Proof where no attesting witness found | 99 | Evidence as to application of language which can apply to one only of several persons. |
70 | Admission of execution by party to attested document | 100 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. |
71 | Proof when attesting witness denies the execution | 101 | Evidence as to meaning of illegible characters, etc. |
72 | Proof of document not required by law to be attested | 102 | Who may give evidence of agreement varying terms ofdocument. |
73 | Comparison of signature, writing or seal with others admitted or proved | 103 | Saving of provisions of Indian Succession Act relating to Wills |
73A | Proof as to verification of digital signature | 104 | Burden of proof. |
74 | Public documents | 105 | On whom burden of proof lies. |
75 | Private documents | 106 | Burden of proof as to particular fact. |
76 | Certified copies of public documents | 107 | Burden of proving fact to be proved to make evidence admissible. |
77 | Proof of documents by production of certified copies | 108 | Burden of proving that case of accused comes within exceptions. |
78 | Proof of other official documents | 109 | Burden of proving fact especially within knowledge. |
79 | Presumption as to genuineness of certified copies | 110 | Burden of proving death of person known to have been alive within thirty years. |
80 | Presumption as to documents produced as record of evidence | 111 | Burden of proving that person is alive who has not been heard of for seven years. |
81 | Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents | 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. |
81A | Presumption as to Gazettes in electronic forms | 113 | Burden of proof as to ownership. |
82 | Presumption as to document admissible in England without proof of seal or signature | 114 | Proof of good faith in transactions where one party is in relation of active confidence. |
83 | Presumption as to maps or plans made by authority of Government | 115 | Presumption as to certain offences. |
84 | Presumption as to collections of laws and reports of decisions | 116 | Birth during marriage,conclusive proof of legitimacy. |
85 | Presumptions as to powers-of-attorney | 117 | Presumption as to abetment of suicide by a married woman. |
85A | Presumption as to electronic agreements | 118 | Presumption as to dowry death. |
85B | Presumption as to electronic records and electronic signatures | 119 | Court may presume existence of certain facts. |
85C | Presumption as to Electronic Signature Certificates | 120 | Presumption as to absence of consent in certain prosecution for rape. |
86 | Presumption as to certified copies of foreign judicial records | 121 | Estoppel. |
87 | Presumption as to books, maps and charts | 122 | Estoppel of tenants and of licensee of person in possession. |
88 | Presumption as to telegraphic messages | 123 | Estoppel of acceptor of bill of exchange, bailee or licensee. |
88A | Presumption as to electronic messages | 124 | Who may testify. |
89 | Presumption as to due execution, etc , of documents not produced | 125 | Witness unable to communicate verbally. |
90 | Presumption as to documents thirty years old | 126 | Competency of husband and wife as witnesses in certain cases. |
90A | Presumption as to electronic records five years old | 127 | Judges and Magistrates. |
91 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | 128 | Communications during marriage. |
92 | Exclusion of evidence of oral agreement | 129 | Evidence as to affairs of State. |
93 | Exclusion of evidence to explain or amend ambiguous document | 130 | Official communications. |
94 | Exclusion of evidence against application of document to existing facts | 131 | Information as to commission of offences. |
95 | Evidence as to document unmeaning in reference to existing facts | 132 | Professional communications. |
96 | Evidence as to application of language which can apply to one only of several persons | 133 | Privilege not waived by volunteering evidence. |
97 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | 134 | Confidential communication with legal advisers. |
98 | Evidence as to meaning of illegible characters, etc | 135 | Production of title-deeds of witness not a party. |
99 | Who may give evidence of agreement varying terms of document | 136 | Production of documents or electronic records which another person, having possession, would refuse to produce. |
100 | Saving of provisions of Indian Succession Act relating to wills | 137 | Witness not excused from answering on ground that answer will criminate. |
101 | Burden of proof | 138 | Accomplice. |
102 | On whom burden of proof lies | 139 | Number of witnesses. |
103 | Burden of proof as to particular fact | 140 | Order of production and examination of witnesses. |
104 | Burden of proving fact to be proved to make evidence admissible | 141 | Judge to decide as to admissibility ofevidence. |
105 | Burden of proving that case of accused comes within exceptions | 142 | Examination of witnesses. |
106 | Burden of proving fact especially within knowledge | 143 | Order of examinations. |
107 | Burden of proving death of person known to have been alive within thirty years | 144 | Cross-examination of person called to produce a document. |
108 | Burden of proving that person is alive who has not been heard of for seven years | 145 | Witnesses to character. |
109 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | 146 | Leading questions. |
110 | Burden of proof as to ownership | 147 | Evidence as to matters in writing. |
111 | Proof of good faith in transactions where one party is in relation of active confidence | 148 | Cross-examination as to previous statements in writing. |
111A | Presumption as to certain offences | 149 | Questions lawful in cross-examination. |
112 | Birth during marriage, conclusive proof of legitimacy | 150 | When witness to be compelled to answer. |
113 | Proof of cession of territory | 151 | Court to decide when question shall be asked and when witness compelled to answer. |
113A | Presumption as to abetment of suicide by a married woman | 152 | Question not to be asked without reasonable grounds. |
113B | Presumption as to dowry death | 153 | Procedure of Court in case of question being asked without reasonable grounds. |
114 | Court may presume existence of certain facts | 154 | Indecent and scandalous questions. |
114A | Presumption as to absence of consent in certain prosecution for rape | 155 | Questions intended to insult or annoy. |
115 | Estoppel | 156 | Exclusion of evidence to contradict answers to questions testing veracity. |
116 | Estoppel of tenants and of licensee of person in possession | 157 | Question by party to his own witness. |
117 | Estoppel of acceptor of bill of exchange, bailee or licensee | 158 | Impeaching credit of witness. |
118 | Who may testify | 159 | Questions tending to corroborate evidence of relevant fact, admissible. |
119 | Witness unable to communicate verbally | 160 | Former statements of witness may be proved to corroborate later testimony as to same fact. |
120 | Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trial | 161 | What matters may be proved in connection with provedstatement relevant under section 32 or 33. |
121 | Judges and Magistrates | 162 | Refreshing memory. |
122 | Communications during marriage | 163 | Testimony to facts stated in document mentioned in section159. |
123 | Evidence as to affairs of State | 164 | Right of adverse party as to writing used to refresh memory. |
124 | Official communications | 165 | Production of documents. |
125 | Information as to commission of offences | 166 | Giving, as evidence, of document called for and produced on notice. |
126 | Professional communications | 167 | Using, as evidence, of document production of which was refused on notice. |
127 | Section to apply to interpreters, etc | 168 | Judge's power to put questions or order production. |
128 | Privilege not waived by volunteering evidence | 169 | No new trial for improper admission or rejection of evidence. |
129 | Confidential communications with legal advisers | 170 | Repeal and savings. |
130 | Production of title-deeds of witness not a party | ||
131 | Production of documents or electronic records which another person, having possession, could refuse to produce | ||
132 | Witness not excused from answering on ground that answer will criminate | ||
133 | Accomplice | ||
134 | Number of witnesses | ||
135 | Order of production and examination of witnesses | ||
136 | Judge to decide as to admissibility of evidence | ||
137 | Examination-in-chief Cross-examination Re-examination | ||
138 | Order of examinations Direction of re-examination | ||
139 | Cross-examination of person called to produce a document | ||
140 | Witnesses to character | ||
141 | Leading questions | ||
142 | When they must not be asked | ||
143 | When they may be asked | ||
144 | Evidence as to matters in writing | ||
145 | Cross-examination as to previous statements in writing | ||
146 | Questions lawful in cross-examination | ||
147 | When witness to be compelled to answer | ||
148 | Court to decide when question shall be asked and when witness compelled to answer | ||
149 | Question not to be asked without reasonable grounds | ||
150 | Procedure of Court in case of question being asked without reasonable grounds | ||
151 | Indecent and scandalous questions | ||
152 | Questions intended to insult or annoy | ||
153 | Exclusion of evidence to contradict answers to questions testing veracity | ||
154 | Question by party to his own witness | ||
155 | Impeaching credit of witness | ||
156 | Questions tending to corroborate evidence of relevant fact, admissible | ||
157 | Former statements of witness may be proved to corroborate later testimony as to same fact | ||
158 | What matters may be proved in connection with proved statement relevant under section or | ||
159 | Refreshing memory | ||
When witness may use copy of document to refresh memory | |||
160 | Testimony to facts stated in document mentioned in section | ||
161 | Right of adverse party as to writing used to refresh memory | ||
162 | Production of documents | ||
163 | Giving, as evidence, of document called for and produced on notice | ||
164 | Using, as evidence, of document production of which was refused on notice | ||
165 | Judge’s power to put questions or order production | ||
166 | Power of jury or assessors to put questions |
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