The Indian Evidence Act, 1872, is a foundational legal framework in India that governs the admissibility, relevance, and use of evidence in judicial proceedings. It lays out the rules regarding what constitutes evidence, how it is to be presented in court, and how its credibility is to be assessed.
Key Features of the Indian Evidence Act:
- Applicability:
- It applies to all judicial proceedings in India, except for inquiries by tribunals or courts-martial (subject to certain provisions in the Army Act, Navy Act, and Air Force Act).
- Does not apply to affidavits or arbitration proceedings unless explicitly stated.
- Structure: The Act is divided into three main parts, comprising 11 chapters and 167 sections:
- Part 1: Relevancy of Facts (Sections 1–55)
- Part 2: On Proof (Sections 56–100)
- Part 3: Production and Effect of Evidence (Sections 101–167)
The Indian Evidence Act, 1872, is organized into 11 chapters, each addressing specific aspects of evidence in legal proceedings. Below is the chapter-wise structure:
Part I: Relevancy of Facts
Chapter I: Preliminary
Section 1: Short title, extent, and commencement of the Act.
Section 2: [Repealed].
Section 3: Interpretation clause
Chapter II: Relevancy of Facts
Section 5: Evidence may be given of facts in issue and relevant facts.
Section 6: Relevancy of facts forming part of the same transaction.
Section 7: Facts which are the occasion, cause, or effect of facts in issue.
Section 8: Motive, preparation, and previous or subsequent conduct.
Section 9: Facts necessary to explain or introduce relevant facts.
Section 10: Things said or done by conspirator in reference to common design.
Section 11: When facts not otherwise relevant become relevant.
Section 12: In suits for damages, facts tending to enable court to determine amount are relevant.
Section 13: Facts relevant when right or custom is in question.
Section 14: Facts showing existence of state of mind, body, or bodily feeling.
Section 15: Facts bearing on the question of whether an act was accidental or intentional.
Section 16: Existence of course of business when relevant.
Section 17: Admissions defined.
Section 18: Admissions by party to proceeding or their agents.
Section 19: Admissions by persons whose position must be proved as against the party to a suit.
Section 20: Admissions by persons expressly referred to by a party to the suit.
Section 21: Proof of admissions against persons making them, and by or on their behalf.
Section 22: When oral admissions as to contents of documents are relevant.
Section 22A: When oral admissions as to contents of electronic records are relevant.
Section 23: Admissions in civil cases when relevant.
Section 25: Confession to a police officer not to be proved.
Section 26: Confession by an accused while in police custody not to be proved against them.
Section 27: How much of information received from the accused may be proved.
Section 29: Confession otherwise relevant not to become irrelevant due to promise of secrecy, etc.
Section 31: Admissions not conclusive proof but may estop.
Section 33: Relevancy of certain evidence for proving facts in subsequent proceedings.
Section 34: Entries in books of account when relevant.
Section 35: Relevancy of entries in public records made in the performance of duty.
Section 36: Relevancy of statements in maps, charts, and plans.
Section 37: Relevancy of statements regarding public nature in certain Acts or notifications.
Section 38: Relevancy of statements as to any law contained in law-books.
Section 39: Evidence to be given when a statement forms part of a conversation, document, or series.
Section 40: Previous judgments relevant to bar a second suit or trial.
Section 41: Relevancy of certain judgments in probate, etc., jurisdiction.
Section 42: Relevancy and effect of other judgments, orders, or decrees.
Section 43: Judgments, etc., not covered in Sections 40–42, when relevant.
Section 44: Fraud or collusion in obtaining judgment or incompetency of the court may be proved.
Section 45: Opinions of experts.
Section 45A: Opinion of Examiner of Electronic Evidence.
Section 46: Facts bearing upon opinions of experts.
Section 47: Opinion as to handwriting, when relevant.
Section 47A: Opinion as to digital signature, when relevant.
Section 48: Opinion as to existence of right or custom, when relevant.
Section 49: Opinion as to usages, tenets, etc., when relevant.
Section 50: Opinion on relationship, when relevant.
Section 51: Grounds of opinion, when relevant.
Section 52: In civil cases, character to prove conduct imputed is irrelevant.
Section 53: In criminal cases, previous good character is relevant.
Section 53A: Evidence of character or previous sexual experience is not relevant in certain cases.
Section 54: Previous bad character is not relevant, except in reply.
Section 55: Character as affecting damages.
Part II: On Proof
Chapter III: Facts which Need Not be Proved
Section 56: Fact judicially noticeable need not be proved.
Section 57: Facts of which Court must take judicial notice.
Section 58: Facts admitted need not be proved.
Chapter IV: Oral Evidence
Section 59: Proof of facts by oral evidence.
Section 60: Oral evidence must be direct.
Chapter V: Documentary Evidence
Section 61: Proof of contents of documents.
Section 63: Secondary evidence.
Section 64: Proof of documents by primary evidence.
Section 65: Cases in which secondary evidence relating to documents may be given.
Section 65A: Special provisions as to evidence relating to electronic record.
Section 65B: Admissibility of electronic records.
Section 66: Rules as to notice to produce.
Section 67A: Proof as to electronic signature.
Section 68: Proof of execution of document required by law to be attested.
Section 69: Proof where no attesting witness found.
Section 70: Admission of execution by a party to an attested document.
Section 71: Proof when attesting witness denies the execution.
Section 72: Proof of document not required by law to be attested.
Section 73: Comparison of signature, writing, or seal with others admitted or proved.
Section 73A: Proof as to verification of digital signature.
Section 75: Private documents.
Section 76: Certified copies of public documents.
Section 77: Proof of documents by production of certified copies.
Section 78: Proof of other official documents.
Chapter VI: Presumptions as to Documents
Section 79: Presumption as to genuineness of certified copies.
Section 80: Presumption as to documents produced as record of evidence.
Section 81: Presumption as to Gazettes, newspapers, private Acts of Parliament, and other documents.
Section 81A: Presumption as to Gazettes in electronic forms.
Section 82: Presumption as to documents admissible in England without proof of seal or signature.
Section 83: Presumption as to maps or plans made by authority of Government.
Section 84: Presumption as to collections of laws and reports of decisions.
Section 85: Presumptions as to powers-of-attorney.
Section 85A: Presumption as to electronic agreements.
Section 85B: Presumption as to electronic records and electronic signatures.
Section 85C: Presumption as to Electronic Signature Certificates.
Section 86: Presumption as to certified copies of foreign judicial records.
Section 87: Presumption as to books, maps, and charts.
Section 88: Presumption as to telegraphic messages.
Section 88A: Presumption as to electronic messages.
Section 89: Presumption as to due execution, etc., of documents not produced.
Section 90: Presumption as to documents thirty years old.
Section 90A: Presumption as to electronic records five years old.
Part III: Production and Effect of Evidence
Chapter VII: Exclusion of Oral by Documentary Evidence
Section 92: Exclusion of evidence of oral agreement.
Section 93: Exclusion of evidence to explain or amend ambiguous documents.
Section 94: Exclusion of evidence against application of document to existing facts.
Section 95: Evidence as to document unmeaning in reference to existing facts.
Section 96: Evidence as to application of language which can apply to one only of several persons.
Section 98: Evidence as to meaning of illegible characters, etc.
Section 99: Who may give evidence of agreement varying terms of document.
Section 100: Saving of provisions of Indian Succession Act relating to wills.
Chapter VIII: The Burden of Proof
Section 102: On whom burden of proof lies.
Section 103: Burden of proof as to particular fact.
Section 104: Burden of proving fact to be proved to make evidence admissible.
Section 105: Burden of proving that case of accused comes within exceptions.
Section 106: Burden of proving fact especially within knowledge.
Section 107: Burden of proving death of person known to have been alive within thirty years.
Section 108: Burden of proving that person is alive who has not been heard of for seven years.
Section 110: Burden of proof as to ownership.
Section 111A: Presumption as to certain offences.
Section 112: Birth during marriage, conclusive proof of legitimacy.
Section 113: Proof of cession of territory.
Section 113A: Presumption as to abetment of suicide by a married woman.
Section 113B: Presumption as to dowry death.
Section 114: Court may presume existence of certain facts.
Section 114A: Presumption as to absence of consent in certain prosecutions for rape.
Chapter IX: Estoppel
Section 116: Estoppel of tenants and of licensee of person in possession.
Section 117: Estoppel of acceptor of bill of exchange, bailee, or licensee.
Chapter X: Witnesses
Section 119: Witness unable to communicate verbally.
Section 121: Judges and Magistrates.
Section 122: Communications during marriage.
Section 123: Evidence as to affairs of State.
Section 124: Official communications.
Section 125: Information as to commission of offences.
Section 126: Professional communications.
Section 127: Section 126 to apply to interpreters, etc.
Section 128: Privilege not waived by volunteering evidence.
Section 129: Confidential communications with legal advisers.
Section 130: Production of title-deeds of witness not a party.
Section 132: Witness not excused from answering on the ground that answer will criminate.
Section 134: Number of witnesses.
Chapter XI: The Examination of Witnesses
Section 135: Order of production and examination of witnesses.
Section 136: Judge to decide as to admissibility of evidence.
Section 137: Examination-in-chief.
Section 138: Order of examinations.
Section 139: Cross-examination of person called to produce a document.
Section 140: Witnesses to character.
Section 141: Leading questions.
Section 142: When they must not be asked.
Section 143: When they may be asked.
Section 144: Evidence as to matters in writing.
Section 145: Cross-examination as to previous statements in writing.
Section 146: Questions lawful in cross-examination.
Section 147: When witness to be compelled to answer.
Section 148: Court to decide when question shall be asked and when witness compelled to answer.
Section 149: Question not to be asked without reasonable grounds.
Section 150: Procedure of Court in case of question being asked without reasonable grounds.
Section 151: Indecent and scandalous questions.
Section 152: Questions intended to insult or annoy.
Section 153: Exclusion of evidence to contradict answers to questions testing veracity.
Section 154: Question by party to his own witness.
Section 155: Impeaching credit of witness.
Section 156: Questions tending to corroborate evidence of relevant fact, admissible.
Section 159: Refreshing memory.
- When witness may use a copy of a document to refresh memory.
Section 160: Testimony to facts stated in document mentioned in Section 159.
Section 161: Right of adverse party as to writing used to refresh memory.
Section 162: Production of documents.
Section 163: Giving, as evidence, of document called for and produced on notice.
Section 164: Using, as evidence, of document production of which was refused on notice.
Section 165: Judge’s power to put questions or order production.
Section 166: Power of jury or assessors to put questions.
Chapter XII: Of Improper Admission and Rejection of Evidence
Section 167: No new trial for improper admission or rejection of evidence.
Important Concepts:
- Primary Evidence: The original document or material evidence.
- Secondary Evidence: Copies or substitutes of the primary evidence, allowed under specific circumstances.
- Hearsay Rule: Generally excludes hearsay evidence unless it falls under an exception.
- Privilege:
- Protects communication between certain parties (e.g., lawyer-client privilege, marital privilege).
Amendments and Modern Relevance:
- The Act has been amended over time to reflect changes in societal and technological contexts. For instance:
- Electronic Evidence: Section 65B was added to recognize electronic records as evidence under specified conditions.
- Changes to address evolving issues like DNA evidence, cybercrime, and forensic technologies.
The Indian Evidence Act is crucial for ensuring fair trials and justice by providing a standardized approach to evidence across India’s legal system.