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OBJECTIVE


The Indian Evidence Act, identified as Act no. 1 of 1872,[2] and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.

INDIAN EVIDENCE ACT,1872

Evidence may be given of facts in issue and relevant facts – relevancy of facts forming part of same transaction –facts which are occasion, cause or effect of facts in issue –motive preparation and previous or subsequent conduct – facts necessary to explain or introduce relevant facts – when facts not otherwise relevant become relevant –in suits for damages, facts tending to enable court to determine amount are relevant – facts relevant when right or custom is in question –facts showing existence of state of mind or of body or bodily feeling – facts bearing on question whether act was accidental or intentional –existence of course of business when relevant –admission defined – admission by party to proceeding or his agentadmissions by persons whose position must be proved as against party to suit-admission by persons expressly referred to by party to suit –proof of admission against persons making them, and by or on their behalf –when oral admission as to contents of documents are relevant –when oral admissions as to contents of electronic records are relevant.- admission in civil cases, when relevant –confession by inducement, threat or promise when irrelevant in criminal proceeding –confession to police officer not to be proved –how much of information received from accused may be proved-confession made after removal of impression caused by inducement, threat or promise, relevant –confession otherwise relevant not to become irrelevant because of promise of secretary etc. –consideration of proved confession affecting person making it and others jointly under trail for same offence –admissions not conclusive proof but may stop – case in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant –

Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated –
[entries in books of account including those maintained in an electronic form] when relevant –
relevancy of entry in public [record or an electronic record] made in performance of duty – relevancy of statements in maps, charts and plans – relevancy of statements as to any law contained in law books – what evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers- previous judgments relevant to bar a second suit or trail –relevancy of certain judgments in probate etc., jurisdiction –relevancy and effect of judgment, order or decrees, other than those mentioned in section 41. – judgment etc., other than those mentioned in section 40 to 42 when relevant –fraud or collusion in obtaining judgment, or incompetence of court may be proved – opinions of experts –facts bearing upon opinions of experts –opinions as to handwriting, when relevant –opinion as to digital signature when relevant –opinion as to existence of right or custom when relevant –opinion as to usage’s, tenants, etc., when relevant –opinion on relationship, when relevant – grounds of opinion when relevant – character when relevant

In civil cases character to prove conduct imputed irrelevant –in criminal cases, previous good character relevant –previous bad character not relevant except in reply –character as affecting damages – facts which need not be provedfact judicially noticeable need not be proved – facts of which court must take judicial notice – facts admitted need not be proved – chapter iv – of oral evidence, proof of facts by oral evidence –oral evidence must be direct –

chapter v – of documentary evidence
Proof of contents of documents – primary evidence –secondary evidence – proof of documents by primary evidence –cases in which secondary evidence relating to documents may be given –special provisions as to evidence relating to electronic record –admissibility of electronic records –rules as to notice to produce –proof of signature and handwriting of person alleged to have signed or written document produced –proof as to digital signature –proof of execution of document required by law to be attested –proof where no attesting witness found –admission of execution by party to attested document – proof when attesting witness denies the execution –proof of document not required by law to be attested –comparison of signature, writing or seal with others admitted or proved – proof as to verification of digital signature –public documents –private documents – certified copies of public documents –proof of documents by production of certified copies – proof of other official documents –presumption as to genuineness of certified copies –presumption as to documents produced as records of evidence – presumption as to gazettes, newspapers, private acts of parliament and other documents – presumption as to gazettes in electronic forms – presumption as to document admissible in england without proof of seal or signature –presumption as to maps or plans made by authority of government – presumption as to collections of laws and reports of decisions –presumption as to powers of attorney – presumption as to electronic agreements –presumption as to electronic records and digital signatures –presumption as to digital signature certificates –presumption as to certified copies of foreign judicial records –presumption as to books, maps and charts – presumption as to telegraphic messages –presumption as to electronic messages –presumption as to due execution etc., of documents not produced –presumption as to documents thirty years old – presumption as to electronic records five years old –

Of the exclusion of oral by documentary evidence-evidence of terms of contracts, grant and other dispositions of property reduced to form of documents –exclusion of evidence of oral agreement –exclusion of evidence to explain or amend ambiguous document –exclusion of evidence against application of document of existing facts. –evidence as to application of languages which can apply to one only of several personsevidence as to application of language to one of two sets of facts to neither of which the whole correctly applies –evidence as to meaning of illegible characters, etc. –who may give evidence of agreement varying term of document – saving of provisions of india succession act relating to wills. –

Of the burden of proof
burden of proof –burden of proof as to particular fact. –burden of proving fact to be proved to make evidence admissible –burden of proving that case of accused comes within exceptions –burden of proving fact specially within knowledge –burden of proving death of person known to have been alive within thirty years. – burden of proving that person is alive who has not been heard of for seven years. – burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent –burden of proof as to ownership – proof of good faith in transactions where one party is in relation of active confidence. – presumption as to certain offences. – birth during marriage, conclusive proof of legitimacy –proof of cession of territory –presumption as to abatement of suicide by a married women – presumption as to dowry death –court may presume existence of certain facts –a presumption as to absence of consent in certain prosecutions for rape –

Estoppel
estoppel –estoppel of tenant and of license of person in possession – estoppel of acceptor of bill of exchange, bailee or licensee –

Of witnesses
who may testify? –dumb witnesses –parties to civil suit, and their wives or husbands. husband or wife of person under criminal trial –judges and magistrates –communications during marriage –evidence as to affairs of state –official communications –information as to commission of offences –professional communications –section 126 to apply to interpreters etc. –privilege not waived by volunteering evidence –confidential communication with legal advisers –production of documents or electronic records which another person, having possession, could refuse to produce –witness not excused from answering on ground that answer will criminate –accomplice –number of witness –

Of the examination of witnesses
order of production and examination of witness –examination-in-chief –order of examinations –cross-examination of person called to produce a document –witness to character –leading questions –when they must not be asked –when they must be asked –cross-examination as to previous statements in writing –questions lawful in cross-examination –when witness to be compelled to answer –court to decide when question shall be asked and when witness compelled to answer –question not to be asked without reasonable grounds – procedure of court in case of question being asked without reasonable grounds –indecent and scandalous questions –question intended to insult or annoy –exclusion of evidence to contradict answer to questions testing veracity –question by party of his own witness – impeaching credit of witness –questions tending to corroborate evidence of relevant fact, admissible – former statements of witness may be proved to corroborate later testimony as to same fact –what matters may be proved in connection with proved statement relevant under section 32 or 33 –refreshing memory. –testimony to facts stated in document mentioned in section 159 –right of adverse party as to writing used to refresh memory – production of document -giving, as evidence, of document called for and produced on notice, using, as evidence, of document, production of which was refused on notice, judge’s power to put questions or order production , power of jury or assessors to put questions , of improper admission and rejection of evidence, no new trail for improper admission or rejection of evidence –