1 |
Short title, extent and commencement |
1 |
Short title, application and commencement |
2 |
Repeal of enactments [Repealed] |
170 |
Repeal and savings |
3 |
Interpretation clause |
2 |
Definitions |
3, para 1 |
Court |
2(1)(a) |
Court |
3, para 2 |
Fact |
2(1)(b) |
Fact |
3, para 3 |
Relevant |
2(1)(k) |
Relevant |
3, para 4 |
Facts in issue |
2(1)(g) |
Facts in issue |
3, para 5 |
Document |
2(1)(a) |
Document |
3, para 6 |
Evidence |
2(1)(c) |
Evidence |
3, para 7 |
Proved |
2(1)(f) |
Proved |
3, para 8 |
Disproved |
2(1)(d) |
Disproved |
3, para 9 |
Not proved |
2(1)(i) |
Not proved |
3, para 10 |
India |
|
India |
4, para 1 |
May presume |
2(1)(h) |
May presume |
4, para 2 |
Shall presume |
2(1)(j) |
Shall presume |
4, para 3 |
Conclusive proof |
2(7)(b) |
Conclusive proof |
5 |
Evidence may be given of facts in issue and relevant facts |
3 |
Evidence may be given of facts in issue and relevant facts |
6 |
Relevancy of facts forming part of same transaction |
4 |
Relevancy of facts forming part of same transaction |
7 |
Facts which are the occasion, cause or effect of facts in issue |
5 |
Facts which are the occasion, cause or effect of facts in issue |
8 |
Motive, preparation and previous or subsequent conduct |
6 |
Motive, preparation and previous or subsequent conduct |
9 |
Facts necessary to explain or introduce relevant facts |
7 |
Facts necessary to explain or introduce relevant facts |
10 |
Things said or done by conspirator in reference to common design |
8 |
Things said or done by conspirator in reference to common design |
11 |
When facts not otherwise relevant become relevant |
9 |
When facts not otherwise relevant become relevant |
12 |
In suits for damages, facts tending to enable Court to determine amount are relevant |
10 |
Facts tending to enable Court to determine amount are relevant in suits for damages |
13 |
Facts relevant when right or custom is in question |
11 |
Facts relevant when right or custom is in question |
14 |
Facts showing existence of state of mind, or of body or bodily feeling |
12 |
Facts showing existence of state of mind, or of body or bodily feeling |
15 |
Facts bearing on question whether act was accidental or intentional |
13 |
Facts bearing on question whether act was accidental or intentional |
16 |
Existence of course of business when relevant |
14 |
Existence of course of business when relevant |
17 |
Admission defined |
15 |
Admission defined |
18 |
Admission by party to proceeding or his agent |
16 |
Admission by party to proceeding or his agent |
19 |
Admissions by persons whose position must be proved as against party to suit |
17 |
Admissions by persons whose position must be proved as against party to suit |
20 |
Admissions by persons expressly referred to by party to suit |
18 |
Admissions by persons expressly referred to by party to suit |
21 |
Proof of admissions against persons making them, and by or on their behalf |
19 |
Proof of admissions against persons making them, and by or on their behalf |
22 |
When oral admissions as to contents of documents are relevant |
20 |
When oral admissions as to contents of documents are relevant |
22A |
When oral admissions as to contents of electronic records are relevant |
|
|
23 |
Admissions in civil cases, when relevant |
21 |
Admissions in civil cases when relevant |
24 |
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding |
22(1) |
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding |
25 |
Confession to police officer not to be proved |
23(1) |
Confession to police officer |
26 |
Confession by accused while in custody of police not to be proved against him |
23(2) |
Confession to police officer |
27 |
How much of information received from accused may be proved |
23(2) |
Confession to police officer |
28 |
Confession made after removal of impression caused by inducement, threat or promise, irrelevant |
22(1) |
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding |
29 |
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. |
22(2) |
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding |
30 |
Consideration of proved confession affecting person making it and others jointly under trial for same offence |
24 |
Consideration of proved confession affecting person making it and others jointly under trial for same offence |
31 |
Admissions not conclusive proof, but may estop |
25 |
Admissions 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 |
26 |
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 |
27 |
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated |
34 |
Entries in books of account including those maintained in an electronic form when relevant |
28 |
Entries in books of account when relevant |
35 |
Relevancy of entry in public record or an electronic record made in performance of duty |
29 |
Relevancy of entry in public record or an electronic record made in performance of duty |
36 |
Relevancy of statements in maps, charts and plans |
30 |
Relevancy of statements in maps, charts and plans |
37 |
Relevancy of statement as to fact of public nature, contained in certain Acts or notifications |
31 |
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 |
32 |
Relevancy of statements as to any law contained in law books including electronic or digital form |
39 |
What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers |
33 |
What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers |
40 |
Previous judgments relevant to bar a second suit or trial |
34 |
Previous judgments relevant to bar a second suit or trial |
41 |
Relevancy of certain judgments in probate, etc., jurisdiction |
35 |
Relevancy of certain judgments in probate, etc., jurisdiction |
42 |
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 |
36 |
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 |
43 |
Judgments, etc., other than those mentioned in sections 40 to 42, when relevant |
37 |
Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant |
44 |
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved |
38 |
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved |
45 |
Opinions of experts |
39(1) |
Opinions of experts |
45A |
Opinion of Examiner of Electronic Evidence |
39(2) |
Opinions of experts |
46 |
Facts bearing upon opinions of experts |
40 |
Facts bearing upon opinions of experts |
47 |
Opinion as to handwriting, when relevant |
41(1) |
Opinion as to handwriting and signature, when relevant |
47A |
Opinion as to electronic signature when relevant |
41(2) |
Opinion as to handwriting and signature, when relevant |
48 |
Opinion as to existence of right or custom, when relevant |
42 |
Opinion as to existence of general custom or right, when relevant |
49 |
Opinions as to usages, tenets, etc., when relevant |
43 |
Opinion as to usages, tenets, etc., when relevant |
50 |
Opinion on relationship, when relevant |
44 |
Opinion on relationship, when relevant |
51 |
Grounds of opinion, when relevant |
45 |
Grounds of opinion, when relevant |
52 |
In civil cases character to prove conduct imputed, irrelevant |
46 |
In civil cases character to prove conduct imputed, irrelevant |
53 |
In criminal cases, previous good character relevant |
47 |
In criminal cases, previous good character relevant |
53A |
Evidence of character or previous sexual experience not relevant in certain cases |
48 |
Evidence of character or previous sexual experience not relevant in certain cases |
54 |
Previous bad character not relevant, except in reply |
49 |
Previous bad character not relevant, except in reply |
55 |
Character as affecting damages |
50 |
Character as affecting damages |
56 |
Fact judicially noticeable need not be proved |
51 |
Fact judicially noticeable need not be proved |
57 |
Facts of which Court must take judicial notice |
52 |
Facts of which Court must take judicial notice |
58 |
Facts admitted need not be proved |
53 |
Facts admitted need not be proved |
59 |
Proof of facts by oral evidence |
54 |
Proof of facts by oral evidence |
60 |
Oral evidence must be direct |
55 |
Oral evidence to be direct |
61 |
Proof of contents of documents |
56 |
Proof of contents of documents |
62 |
Primary evidence |
57 |
Primary evidence |
63 |
Secondary evidence |
58 |
Secondary evidence |
64 |
Proof of documents by primary evidence |
59 |
Proof of documents by primary evidence |
65 |
Cases in which secondary evidence relating to documents may be given |
60 |
Cases in which secondary evidence relating to documents may be given |
65A |
Special provisions as to evidence relating to electronic record |
62 |
Special provisions as to evidence relating to electronic record |
65B |
Admissibility of electronic records |
63 |
Admissibility of electronic records |
66 |
Rules as to notice to produce |
64 |
Rules as to notice to produce |
67 |
Proof of signature and handwriting of person alleged to have signed or written document produced |
65 |
Proof of signature and handwriting of person alleged to have signed or written document produced |
67A |
Proof as to electronic signature |
66 |
Proof as to electronic signature |
68 |
Proof of execution of document required by law to be attested |
67 |
Proof of execution of document required by law to be attested |
69 |
Proof where no attesting witness found |
68 |
Proof where no attesting witness found |
70 |
Admission of execution by party to attested document |
69 |
Admission of execution by party to attested document |
71 |
Proof when attesting witness denies execution |
70 |
Proof when attesting witness denies execution |
72 |
Proof of document not required by law to be attested |
71 |
Proof of document not required by law to be attested |
73 |
Comparison of signature, writing or seal with others admitted or proved |
72 |
Comparison of signature, writing or seal with others admitted or proved |
73A |
Proof as to verification of digital signature |
73 |
Proof as to verification of digital signature |
74 |
Public documents |
74(1) |
Public and private documents |
75 |
Private documents |
74(2) |
Public and private documents |
76 |
Certified copies of public documents |
75 |
Certified copies of public documents |
77 |
Proof of documents by production of certified copies |
76 |
Proof of documents by production of certified copies |
78 |
Proof of other official documents |
77 |
Proof of other official documents |
79 |
Presumption as to genuineness of certified copies |
78 |
Presumption as to genuineness of certified copies |
80 |
Presumption as to documents produced as record of evidence |
79 |
Presumption as to documents produced as record of evidence |
81 |
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents |
80 |
Presumption as to Gazettes, newspapers and other documents |
81A |
Presumption as to Gazettes in electronic forms |
81 |
Presumption as to Gazettes in electronic or digital record |
82 |
Presumption as to document admissible in England without proof of seal or signature |
82 |
Presumption as to maps or plans made by authority of Government |
83 |
Presumption as to maps or plans made by authority of Government |
83 |
Presumption as to collections of laws and reports of decisions |
84 |
Presumption as to collections of laws and reports of decisions |
84 |
Presumption as to powers of attorney |
85 |
Presumption as to powers of attorney |
85 |
Presumption as to electronic agreements |
85A |
Presumption as to electronic agreements |
86 |
Presumption as to electronic records and electronic signatures |
85B |
Presumption as to electronic records and electronic signatures |
87 |
Presumption as to Electronic Signature Certificates |
85C |
Presumption as to Electronic Signature Certificates |
88 |
Presumption as to certified copies of foreign judicial records |
86 |
Presumption as to certified copies of foreign judicial records |
89 |
Presumption as to books, maps and charts |
87 |
Presumption as to books, maps and charts |
90 |
Presumption as to telegraphic messages |
88 |
Presumption as to telegraphic messages |
91 |
Presumption as to electronic messages |
88A |
Presumption as to electronic messages |
92 |
Presumption as to due execution, etc., of documents, not produced |
90 |
Presumption as to documents thirty years old |
93 |
Presumption as to documents thirty years old |
90A |
Presumption as to electronic records five years old |
94 |
Presumption as to electronic records five years old |
91 |
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document |
95 |
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document |
92 |
Exclusion of evidence of oral agreement |
96 |
Exclusion of evidence of oral agreement |
93 |
Exclusion of evidence to explain or amend ambiguous document |
97 |
Exclusion of evidence to explain or amend ambiguous document |
94 |
Exclusion of evidence against application of document to existing facts |
98 |
Exclusion of evidence against application of document to existing facts |
95 |
Evidence as to document unmeaning in reference to existing facts |
99 |
Evidence as to document unmeaning in reference to existing facts |
96 |
Evidence as to application of language which can apply to only one of several persons |
100 |
Evidence as to application of language which can apply to only one 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 |
101 |
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. |
102 |
Evidence as to meaning of illegible characters, etc. |
99 |
Who may give evidence of agreement varying terms of document |
103 |
Who may give evidence of agreement varying terms of document |
100 |
Saving of provisions of Indian Succession Act relating to wills |
104 |
Saving of provisions of Indian Succession Act relating to wills |
101 |
Burden of proof |
105 |
Burden of proof |
102 |
On whom burden of proof lies |
106 |
On whom burden of proof lies |
103 |
Burden of proof as to particular fact |
107 |
Burden of proof as to particular fact |
104 |
Burden of proving fact to be proved to make evidence admissible |
108 |
Burden of proving fact to be proved to make evidence admissible |
105 |
Burden of proving that case of accused comes within exceptions |
109 |
Burden of proving that case of accused comes within exceptions |
106 |
Burden of proving fact especially within knowledge |
110 |
Burden of proving fact especially within knowledge |
107 |
Burden of proving death of person known to have been alive within thirty years |
111 |
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 |
113 |
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 |
112 |
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent |
110 |
Burden of proof as to ownership |
114 |
Burden of proof as to ownership |
111 |
Proof of good faith in transactions where one party is in relation of active confidence |
115 |
Proof of good faith in transactions where one party is in relation of active confidence |
111A |
Presumption as to certain offences |
116 |
Presumption as to certain offences |
112 |
Birth during marriage, conclusive proof of legitimacy |
116 |
Birth during marriage, conclusive proof of legitimacy |
113 |
Proof of cession of territory |
— |
— |
113A |
Presumption as to abetment of suicide by a married woman |
117 |
Presumption as to abetment of suicide by a married woman |
113B |
Presumption as to dowry death |
118 |
Presumption as to dowry death |
114 |
Court may presume existence of certain facts |
119 |
Court may presume existence of certain facts |
114A |
Presumption as to absence of consent in certain prosecution for rape |
120 |
Presumption as to absence of consent in certain prosecution for rape |
115 |
Estoppel |
121 |
Estoppel |
116 |
Estoppel of tenant; and of licensee of person in possession |
122 |
Estoppel of tenants and of licensee of person in possession |
117 |
Estoppel of acceptor of bill of exchange, bailee or licensee |
123 |
Estoppel of acceptor of bill of exchange, bailee or licensee |
118 |
Who may testify |
124 |
Who may testify |
119 |
Witness unable to communicate verbally |
125 |
Witness unable to communicate verbally |
120 |
Parties to civil suit, and their wives and husbands - Husband or wife of person under criminal trial |
126 |
Competency of husband and wife as witness in certain cases |
121 |
Judges and Magistrates |
127 |
Judges and Magistrates |
122 |
Communications during marriage |
128 |
Communications during marriage |
123 |
Evidence as to affairs of State |
129 |
Evidence as to affairs of State |
124 |
Official communications |
130 |
Official communications |
125 |
Information as to commission of offences |
131 |
Information as to commission of offences |
126 |
Professional communications |
132(1)/(2) |
Professional communications |
127 |
Section 126 to apply to interpreters, etc. |
132(3) |
Professional communications |
128 |
Privilege not waived by volunteering evidence |
133 |
Privilege not waived by volunteering evidence |
129 |
Confidential communications with legal advisers |
134 |
Confidential communications with legal advisers |
130 |
Production of title-deeds of witness not a party |
135 |
Production of title-deeds of witness not a party |
131 |
Production of documents or electronic records which another person, having possession, would refuse to produce |
136 |
Production of documents or electronic records which another person, having possession, would refuse to produce |
132 |
Witness not excused from answering on ground that answer will criminate |
137 |
Witness not excused from answering on ground that answer will criminate |
133 |
Accomplice |
138 |
Accomplice |
134 |
Number of witnesses |
139 |
Number of witnesses |
135 |
Order of production and examination of witnesses |
140 |
Order of production and examination of witnesses |
136 |
Judge to decide as to admissibility of evidence |
141 |
Judge to decide as to admissibility of evidence |
137 |
Examination-in-chief |
142 |
Examination-in-chief |
138 |
Order of examinations |
143 |
Order of examinations |
139 |
Cross-examination of person called to produce a document |
144 |
Cross-examination of person called to produce a document |
140 |
Witnesses to character |
145 |
Witnesses to character |
141 |
Leading questions |
146(1) |
Leading questions |
142 |
When they must not be asked |
146(2) |
Leading questions |
143 |
When they may be asked |
146(3) |
Leading questions |
144 |
Evidence as to matters in writing |
147 |
Evidence as to matters in writing |
145 |
Cross-examination as to previous statements in writing |
148 |
Cross-examination as to previous statements in writing |
146 |
Questions lawful in cross-examination |
149 |
Questions lawful in cross-examination |
147 |
When witness to be compelled to answer |
150 |
When witness to be compelled to answer |
148 |
Court to decide when question shall be asked and when witness compelled to answer |
151 |
Court to decide when question shall be asked and when witness compelled to answer |
149 |
Question not to be asked without reasonable grounds |
152 |
Question not to be asked without reasonable grounds |
150 |
Procedure of Court in case of question being asked without reasonable grounds |
153 |
Procedure of Court in case of question being asked without reasonable grounds |
151 |
Indecent and scandalous questions |
154 |
Indecent and scandalous questions |
152 |
Questions intended to insult or annoy |
155 |
Questions intended to insult or annoy |
153 |
Exclusion of evidence to contradict answers to questions testing veracity |
156 |
Exclusion of evidence to contradict answers to questions testing veracity |
154 |
Question by party to his own witness |
157 |
Question by party to his own witness |
155 |
Impeaching credit of witness |
158 |
Impeaching credit of witness |
156 |
Questions tending to corroborate evidence of relevant fact, admissible |
159 |
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 |
160 |
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 |
161 |
What matters may be proved in connection with proved statement relevant under section 26 or 27 |
159 |
Refreshing memory |
162 |
Refreshing memory |
160 |
Testimony to facts stated in document mentioned in section 159 |
163 |
Testimony to facts stated in document mentioned in section 162 |
161 |
Right of adverse party as to writing used to refresh memory |
164 |
Right of adverse party as to writing used to refresh memory |
162 |
Production of documents |
165 |
Production of documents |
163 |
Giving, as evidence, of document called for and produced on notice |
166 |
Giving, as evidence, of document called for and produced on notice |
164 |
Using, as evidence, of document production of which was refused on notice |
167 |
Using, as evidence, of document production of which was refused on notice |
165 |
Judge's power to put questions or order production |
168 |
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 |
169 |
No new trial for improper admission or rejection of evidence |