Sections |
Particulars |
Chapter I |
Preliminary |
1 |
Short title, extent and commencement |
2 |
Repeal of enactments : Repealed by the Repealing Act, 1938 |
3 |
Interpretation clause |
4 |
"May presume" |
Chapter II |
The Relevancy Of Facts |
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 |
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 admission as to contents of electronic records are relevant |
23 |
Admission in civil cases relevant |
24 |
Confession caused by inducement, threat or promise when irrelevant in criminal proceedings |
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 |
Admission not conclusive proof, but may estop |
32 |
Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant |
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, electronic record, 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 |
Judgment, etc., other than those mentioned in sections 40 to 42, when relevant |
44 |
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved |
45 |
Opinions of experts |
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 usage, tenets, etc., when relevant |
50 |
Opinion on relationship, 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 |
Chapter III |
Facts Which Need Not Be Proved |
56 |
Fact Judicially noticeable need not be proved |
57 |
Facts of which Court must take judicial notice |
58 |
Facts admitted need not be proved |
Chapter IV |
Oral Evidence |
59 |
Proof of facts by oral evidence |
60 |
Oral evidence must be direct |
Chapter V |
Documentary Evidence |
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 |
65A |
Special provisions as to evidence relating to electronic record |
65B |
Admissibility of electronic records |
66 |
Rules as to notice to produce |
67 |
Proof of signature and handwriting of person alleged to have signed or written document produced |
67A |
Proof as to digital signature |
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 |
73A |
Proofs as to verification of digital signature |
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 |
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents |
81A |
Presumption as to Gazettes in electronic forms |
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 |
85A |
Presumption as to electronic agreements |
85B |
Presumption as to electronic record and digital signatures |
85C |
Presumption as to Digital Signature Certificates |
86 |
Presumption as to certified copies of foreign judicial records |
87 |
Presumption as to books, maps and charts |
88 |
Presumption as to books, maps and charts |
88A |
Presumption as to electronic messages |
89 |
Presumption as to due execution, etc., of documents not produced |
90 |
Presumption as to documents thirty years old |
90A |
Presumption as to electronic records five year old |
Chapter VI |
The Exclusion Of Oral By Documentary Evidence |
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 to 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 Indian Succession Act, relating to wills |
101 |
Burden of proof |
Chapter VII |
The 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 |
111A |
Presumption as to certain offences |
112 |
Birth during marriage, conclusive proof of legitimacy |
113 |
Proof of cession of territory |
113A |
Presumption as to abetment of suicide by a married women |
113B |
Presumption as to dowry death |
114 |
Court may presume existence of certain acts |
114A |
Presumption as to absence of consent in certain prosecutions for rape |
Chapter VIII |
Estoppel |
115 |
Estoppel |
116 |
Estoppel of tenant; and of license of person in possession |
117 |
Estoppel of acceptor of bill of exchange, bailee or licensee |
Chapter XI |
Witnesses |
118 |
Who may testify |
119 |
Dumb witnesses |
120 |
Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial |
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 communication |
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-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 |
Chapter X |
The Examination 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 |
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 |
Chapter XI |
Improper Admission And Rejection Of Evidence |