1The Evidence Act, 1872

( ACT NO. I OF 1872 )

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



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

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Ministry of Law, Justice and Parliamentary Affairs