Indian Evidence Act, 1872, section by section

Every section with its Bharatiya Sakshya Adhiniyam, 2023 counterpart, from the official correspondence tables. Open one for both texts and what changed.

• 1Short title→ BSA 1
• 3Interpretation-clause→ BSA 2, BSA 2(1)(a), BSA 2(1)(c), BSA 2(1)(d), BSA 2(1)(e), BSA 2(1)(f), BSA 2(1)(g), BSA 2(1)(i), BSA 2(1)(j), BSA 2(1)(k)
• 4“May presume”→ BSA 2(1)(b), BSA 2(1)(h), BSA 2(1)(l)
• 5Evidence may be given of facts in issue and relevant facts→ BSA 3
• 6Relevancy of facts forming part of same transaction→ BSA 4
• 7Facts which are the occasion, cause or effect of facts in issue→ BSA 5
• 8Motive, preparation and previous or subsequent conduct→ BSA 6
• 9Facts necessary to explain or introduce relevant facts→ BSA 7
• 10Things said or done by conspirator in reference to common design→ BSA 8
• 11When facts not otherwise relevant become relevant→ BSA 9
• 12In suits for damages, facts tending to enable Court to determine amount are relevant→ BSA 10
• 13Facts relevant when right or custom is in question→ BSA 11
• 14Facts showing existence of state of mind, or of body of bodily feeling→ BSA 12
• 15Facts bearing on question whether act was accidental or intentional→ BSA 13
• 16Existence of course of business when relevant→ BSA 14
• 17Admission defined→ BSA 15
• 18Admission→ BSA 16
• 19Admissions by persons whose position must be proved as against party to suit→ BSA 17
• 20Admissions by persons expressly referred to by party to suit→ BSA 18
• 21Proof of admissions against persons making them, and by or on their behalf→ BSA 19
• 22When oral admissions as to contents of documents are relevant→ BSA 20
• 23Admissions in civil cases when relevant→ BSA 21
• 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding→ BSA 22(1)
• 25Confession to police-officer not to be proved→ BSA 23(1)
• 26Confession by accused while in custody of police not to be proved against him→ BSA 23(2)
• 27How much of information received from accused may be proved→ BSA 23, proviso
• 28Confession made after removal of impression caused by inducement, threat or promise, relevant→ BSA 22, first proviso
• 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc→ BSA 22, second proviso
• 30Consideration of proved confession affecting person making it and others jointly under trial for same offence→ BSA 24
• 31Admissions not conclusive proof, but may estop→ BSA 25
• 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant→ BSA 26
• 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated→ BSA 27
• 34Entries in books of account when relevant→ BSA 28
• 35Relevancy of entry in public record made in performance of duty→ BSA 29
• 36Relevancy of statements in maps, charts and plans→ BSA 30
• 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications→ BSA 31
• 38Relevancy of statements as to any law contained in law-books→ BSA 32
• 39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers→ BSA 33
• 40Previous judgments relevant to bar a second suit or trial→ BSA 34
• 41Relevancy of certain judgments in probate, etc., jurisdiction→ BSA 35
• 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41→ BSA 36
• 43Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant→ BSA 37
• 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved→ BSA 38
• 45Opinions of experts→ BSA 39(1)
• 46Facts bearing upon opinions of experts→ BSA 40
• 47Opinion as to hand-writing, when relevant→ BSA 41(1)
• 48Opinion as to existence of right or custom, when relevant→ BSA 42
• 49Opinion as to usages, tenets, etc., when relevant→ BSA 43
• 50Opinion on relationship, when relevant→ BSA 44
• 51Grounds of opinion, when relevant→ BSA 45
• 52In civil cases character to prove conduct imputed, irrelevant→ BSA 46
• 53In criminal cases previous good character relevant→ BSA 47
• 54Previous bad character not relevant, except in reply→ BSA 49
• 55Character as affecting damages→ BSA 50
• 56Fact judicially noticeable need not be proved→ BSA 51
• 57Facts of which Court must take judicial notice→ BSA 52
• 58Facts admitted need not be proved→ BSA 53
• 59Proof of facts by oral evidence→ BSA 54
• 60Oral evidence must be direct→ BSA 55
• 61Proof of contents of documents→ BSA 56
• 62Primary evidence→ BSA 57
• 63Secondary evidence→ BSA 58
• 64Proof of documents by primary evidence→ BSA 59
• 65Cases in which secondary evidence relating to documents may be given→ BSA 60
• 66Rules as to notice to produce→ BSA 64
• 67Proof of signature and handwriting of person alleged to have signed or written document produced→ BSA 65
• 68Proof of execution of document required by law to be attested→ BSA 67
• 69Proof where no attesting witness found→ BSA 68
• 70Admission of execution by party to attested document→ BSA 69
• 71Proof when attesting witness denies the execution→ BSA 70
• 72Proof of document not required by law to be attested→ BSA 71
• 73Comparison of signature, writing or seal with others admitted or proved→ BSA 72
• 74Public documents→ BSA 74(1)
• 75Private documents→ BSA 74(2)
• 76Certified copies of public documents→ BSA 75
• 77Proof of documents by production of certified copies→ BSA 76
• 78Proof of other official documents→ BSA 77
• 79Presumption as to genuineness of certified copies→ BSA 78
• 80Presumption as to documents produced as record of evidence→ BSA 79
• 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents→ BSA 80
• 82Presumption as to document admissible in England without proof of seal or signaturenot carried over
• 83Presumption as to maps or plans made by authority of Government→ BSA 82
• 84Presumption as to collections of laws and reports of decisions→ BSA 83
• 85Presumption as to powers-of-attorney→ BSA 84
• 86Presumption as to certified copies of foreign judicial records→ BSA 88
• 87Presumption as to books, maps and charts→ BSA 89
• 88Presumption as to telegraphic messagesnot carried over
• 89Presumption as to due execution, etc., of documents not produced→ BSA 91
• 90Presumption as to documents thirty years old→ BSA 92
• 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document→ BSA 94
• 92Exclusion of evidence of oral agreement→ BSA 95
• 93Exclusion of evidence to explain or amend ambiguous document→ BSA 96
• 94Exclusion of evidence against application of document to existing facts→ BSA 97
• 95Evidence as to document unmeaning in reference to existing facts→ BSA 98
• 96Evidence as to application of language which can apply to one only of several persons→ BSA 99
• 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies→ BSA 100
• 98Evidence as to meaning of illegible characters, etc→ BSA 101
• 99Who may give evidence of agreement varying terms of document→ BSA 102
• 100Saving of provisions of Indian Succession Act relating to wills→ BSA 103
• 101Burden of proof→ BSA 104
• 102On whom burden of proof lies→ BSA 105
• 103Burden of proof as to particular fact→ BSA 106
• 104Burden of proving fact to be proved to make evidence admissible→ BSA 107
• 105Burden of proving that case of accused comes within exceptions→ BSA 108
• 106Burden of proving fact especially within knowledge→ BSA 109
• 107Burden of proving death of person known to have been alive within thirty years→ BSA 110
• 108Burden of proving that person is alive who has not been heard of for seven years→ BSA 111
• 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent→ BSA 112
• 110Burden of proof as to ownership→ BSA 113
• 111Proof of good faith in transactions where one party is in relation of active confidence→ BSA 114
• 112Birth during marriage, conclusive proof of legitimacy→ BSA 116
• 113Proof of cession of territorynot carried over
• 114Court may presume existence of certain facts→ BSA 119
• 115Estoppel→ BSA 121
• 116Estoppel of tenants and of licensee of person in possession→ BSA 122
• 117Estoppel of acceptor of bill of exchange, bailee or licensee→ BSA 123
• 118Who may testify→ BSA 124
• 119Witness unable to communicate verbally→ BSA 125
• 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial→ BSA 126
• 121Judges and Magistrates→ BSA 127
• 122Communications during marriage→ BSA 128
• 123Evidence as to affairs of State→ BSA 129
• 124Official communications→ BSA 130
• 125Information as to commission of offences→ BSA 131
• 126Professional communications→ BSA 132(1)&(2)
• 127Section 126 to apply to interpreters, etc→ BSA 132(3)
• 128Privilege not waived by volunteering evidence→ BSA 133
• 129Confidential communications with legal advisers→ BSA 134
• 130Production of title-deeds of witness not a party→ BSA 135
• 131Production of documents or electronic records which another person, having possession, could refuse to produce→ BSA 136
• 132Witness not excused from answering on ground that answer will criminate→ BSA 137
• 133Accomplice→ BSA 138
• 134Number of witnesses→ BSA 139
• 135Order of production and examination of witnesses→ BSA 140
• 136Judge to decide as to admissibility of evidence→ BSA 141
• 137Examination-in-chief→ BSA 142
• 138Order of examinations→ BSA 143
• 139Cross-examination of person called to produce a document→ BSA 144
• 140Witnesses to character→ BSA 145
• 141Leading questions→ BSA 146(1)
• 142When they must not be asked→ BSA 146(2)&(3)
• 143When they may be asked→ BSA 146(4)
• 144Evidence as to matters in writing→ BSA 147
• 145Cross-examination as to previous statements in writing→ BSA 148
• 146Questions lawful in cross-examination→ BSA 149
• 147When witness to be compelled to answer→ BSA 150
• 148Court to decide when question shall be asked and when witness compelled to answer→ BSA 151
• 149Question not to be asked without reasonable grounds→ BSA 152
• 150Procedure of Court in case of question being asked without reasonable grounds→ BSA 153
• 151Indecent and scandalous questions→ BSA 154
• 152Questions intended to insult or annoy→ BSA 155
• 153Exclusion of evidence to contradict answers to questions testing veracity→ BSA 156
• 154Question by party to his own witness→ BSA 157
• 155Impeaching credit of witness→ BSA 158
• 156Questions tending to corroborate evidence of relevant fact, admissible→ BSA 159
• 157Former statements of witness may be proved to corroborate later testimony as to same fact→ BSA 160
• 158What matters may be proved in connection with proved statement relevant under section 32 or 33→ BSA 161
• 159Refreshing memory→ BSA 162
• 160Testimony to facts stated in document mentioned in section 159→ BSA 163
• 161Right of adverse party as to writing used to refresh memory→ BSA 164
• 162Production of documents→ BSA 165
• 163Giving, as evidence, of document called for and produced on notice→ BSA 166
• 164Using, as evidence, of document production of which was refused on notice→ BSA 167
• 165Judge’s power to put questions or order production→ BSA 168
• 166Power of jury or assessors to put questionsnot carried over
• 167No new trial for improper admission or rejection of evidence→ BSA 169
• 22AWhen oral admission as to contents of electronic records are relevantnot carried over
• 45AOpinion of Examiner of Electronic Evidence→ BSA 39(2)
• 47AOpinion as to digital signature, when relevant→ BSA 41(2)
• 53AEvidence of character or previous sexual experience not relevant in certain cases→ BSA 48
• 65ASpecial provisions as to evidence relating to electronic record→ BSA 62
• 65BAdmissibility of electronic records→ BSA 63
• 67AProof as to [electronic signature]→ BSA 66
• 73AProof as to verification of digital signature→ BSA 73
• 81APresumption as to Gazettes in electronic forms→ BSA 81
• 85APresumption as to electronic agreements→ BSA 85
• 85BPresumption as to electronic records and [electronic signatures]→ BSA 86
• 85CPresumption as to [Electronic Signature Certificates]→ BSA 87
• 88APresumption as to electronic messages→ BSA 90
• 90APresumption as to electronic records five years old→ BSA 93
• 111APresumption as to certain offences→ BSA 115
• 113APresumption as to abetment of suicide by a married woman→ BSA 117
• 113BPresumption as to dowry death→ BSA 118
• 114APresumption as to absence of consent in certain prosecution for rape→ BSA 120