1The Evidence Act, 1872

( ACT NO. I Of 1872 )

2WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is enacted as follows:-

CONTENTS

SECTIONS

1. Short title

Extent

Commencement of Act

2. [Repealed]

3. Interpretation-clause

4. ‘‘May presume”

“Shall presume”

“Conclusive proof”

5. Evidence may be given of facts in issue and relevant facts

6. Relevancy of facts forming part of same transaction

7. Facts which are the occasion cause or effect of facts in issue

8. Motive, preparation and previous or subsequent conduct

9. Facts necessary to explain or introduce relevant facts

10. Things said or done by conspirator in reference to common design

11. When facts not otherwise relevant become relevant

12. In suits for damages, facts tending to enable Court to determine amount are relevant

13. Facts relevant when right or custom is in question

14. Facts showing existence of state of mind, or of body, or bodily feeling

15. Facts bearing on question whether act was accidental or intentional

16. Existence of course of business when relevant

17. Admission defined

18. Admission –by party to proceeding or his agent;

by suit or in representative character;

by party interested in subject-matter;

by person from whom interest derived

19. Admissions by persons whose position must be proved as against party to suit

20. Admissions by persons expressly referred to by party to suit

21. Proof of admissions, against persons making them, and by or on their behalf

22. When oral admissions as to contents of documents are relevant

23. Admissions in civil cases when relevant

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

25. Confession to police-officer not to be proved

26. Confession by accused while in custody of police not to be proved against him

27. How much of information received from accused may be proved

28. Confession made after removal of impression caused by inducement, threat or promise, 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

31. Admissions not conclusive proof, but may be stop

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;

or is made in course of business;

or against interest of maker;

or gives opinion as to public right or custom, or matters of general interest;

or relates to existence of relationship;

or is made in will or deed relating to family affairs;

or in document relating to transaction mentioned in section 13, clause (a);

or is made by several persons, and expresses feelings relevant to matter in question

33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

34. Entries in books of account when relevant

35. Relevancy of entry in public record, made in performance of duty

36. Relevancy of statements in maps, charts and plans

37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications

38. Relevancy of statements as to any law contained in law-books

39.What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers.

40. Previous judgments relevant to bar a second suit or trial

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

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

43. Judgments, etc., other than those mentioned in sections 40 to 42, when relevant

44. Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved

45. Opinions of experts

46. Facts bearing upon opinions of experts

47. Opinion as to handwriting, when relevant

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

49. Opinion as to usages, tenets, etc., when relevant

50. Opinion on relationship, when relevant

51. Grounds of opinion, when relevant

52. In civil cases, character to prove conduct imputed, irrelevant

53. In criminal cases, previous good character relevant

54. Previous bad character not relevant, except in reply

55. Character as affecting damages

56. Fact judicially noticeable need not be proved

57. Facts of which Court must take judicial notice

58. Facts admitted need not be proved

59. Proof of facts by oral evidence

60. Oral evidence must be direct

61. Proof of contents of documents

62. Primary evidence

63. Secondary evidence

64. Proof of documents by primary evidence

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

66. Rules as to notice to produce

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

68. Proof of execution of document required by law to be attested

69. Proof where no attesting witness found

70. Admission of execution by party to attested document

71. Proof when attesting witness denies the execution

72. Proof of document not required by law to be attested

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

74. Public documents

75. Private documents

76. Certified copies of public documents

77. Proof of documents by production of certified copies

78. Proof of other official documents

79. Presumption as to genuineness of certified copies

80. Presumption as to documents produced as record of evidence

81. [Omitted]

82. Presumption as to document admissible in England without proof of seal or signature

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

84. Presumption as to collections of laws and reports of decisions

85. Presumption as to powers-of-attorney

86. Presumption as to certified copies of foreign judicial records

87. Presumption as to books, maps and charts

88. Presumption as to telegraphic messages

89. Presumption as to due execution, etc., of documents not produced

90. Presumption as to documents thirty years old

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

92. Exclusion of evidence of oral agreement

93. Exclusion of evidence to explain or amend ambiguous document

94. Exclusion of evidence against application of document of existing facts

95. Evidence as to document unmeaning in reference to existing facts

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

97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

98. Evidence as to meaning of illegible characters, etc.

99. Who may give evidence of agreement varying terms of document

100. Saving of provisions of Succession Act relating to wills

101. Burden of proof

102. On whom burden of proof lies

103. Burden of proof as to particular fact

104. Burden of proving fact to be proved to make evidence admissible

105. Burden of proving that case of accused comes within exceptions

106. Burden of proving fact especially within knowledge

107. Burden of proving death of person known to have been alive within thirty years

108. Burden of proving that person is alive who has not been heard of for seven years

109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

110. Burden of proof as to ownership

111. Proof of good faith in transactions where one party is in relation of active confidence

112. Birth during marriage conclusive proof of legitimacy

113. [Omitted]

114. Court may presume existence of certain facts

115. Estoppel

116. Estoppel of tenant; and of licensee of person in possession

117. Estoppel of acceptor of bill of exchange, bailee or licensee

118. Who may testify

119. Dumb witnesses

120. Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail

121. Judges and Magistrates

122. Communications during marriage

123. Evidence as to affairs of State

124. Official communications

125. Information as to commission of offences

126. Professional communications

127. Section 126 to apply to interpreters, etc.

128. Privilege not waived by volunteering evidence

129. Confidential communications with legal advisers

130. Production of title-deed of witness, not a party

131. Production of documents 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 32 or 33

159. Refreshing memory

When witness may use copy of document to refresh memory

160. Testimony to facts stated in document mentioned in section 159

161. Right of adverse party as to writing used to refresh memory

162. Production of documents

Translation 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

167. No new trial for improper admission or rejection of evidence