1The Evidence Act, 1872

( ACT NO. I OF 1872 )

1. Short title


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 [Repealed]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

22A. When oral admissions as to contents of digital records 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 [or digital record] when relevant

35. Relevancy of entry in public record [or digital record], made in performance of duty

36. Relevancy of statements in maps, charts [, plans and digital record]

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, digital record] 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. Opinion of Experts

45A. Opinion of experts on physical or forensic evidence

46. Facts bearing upon opinions of experts

47. Opinion as to handwriting, when relevant

47A. Opinion as to digital signature where 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

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs