⚖️
ACT NO. I OF 1872Year 187215th March, 1872

The Evidence Act,

20Chapters
202Sections
✦
I
Chapter I

PRELIMINARY

8
✪1
Short title
✪2
Extent
✪3
Commencement of Act
✪2
[Repealed]
✪3
Interpretation-clause
✪4
"May presume"
✪7
“Shall presume”
✪8
“Conclusive proof”
II
Chapter II

OF THE RELEVANCY OF FACTS

12
✪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
III
Chapter II

ADMISSIONS

19
✪17
Admission defined
✪18
Admission -by party to proceeding or his agent;
✪23
by suit or in representative character;
✪24
by party interested in subject-matter;
✪25
by person from whom interest derived
✪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
✪30
When oral admissions as to contents of digital records are relevant
✪23
Admissions in civil cases when relevant
✪24
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
✪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
Admissions not conclusive proof, but may be stop
IV
Chapter II

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

10
✪32
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
✪41
When it relates to cause of death;
✪42
or is made in course of business;
✪43
or against interest of maker;
✪44
or gives opinion as to public right or custom, or matters of general interest;
✪45
or relates to existence of relationship;
✪46
or is made in will or deed relating to family affairs;
✪47
or in document relating to transaction mentioned in section 13, clause (a);
✪48
or is made by several persons, and expresses feelings relevant to matter in question
✪33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
V
Chapter II

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

5
✪34
Entries in books of account 22[or digital record] when relevant
✪35
Relevancy of entry in public record 24[or digital record], made in performance of duty
✪36
Relevancy of statements in maps, charts 27[, plans and digital record]
✪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
VI
Chapter II

HOW MUCH OF A STATEMENT IS TO BE PROVED

1
✪39
What evidence to be given when statement forms part of a conversation, document, 33[book, digital record] or series of letters or papers.
VII
Chapter II

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

5
✪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
Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
✪44
Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved
VIII
Chapter II

OPINIONS OF THIRD PERSONS WHEN RELEVANT

9
✪61
Opinion of Experts
✪62
Opinion of experts on physical or forensic evidence
✪46
Facts bearing upon opinions of experts
✪47
Opinion as to handwriting, when relevant
✪65
Opinion as to digital signature where relevant
✪48
Opinion as to existence of right or custom, when relevant
✪49
Opinion as to usages, tenets, etc., when relevant
✪50
Opinion on relationship, when relevant
✪51
Grounds of opinion, when relevant
IX
Chapter II

CHARACTER WHEN RELEVANT

4
✪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
X
Chapter III

FACTS WHICH NEED NOT BE PROVED

3
✪56
Fact judicially noticeable need not be proved
✪57
Facts of which Court must take judicial notice
✪58
Facts admitted need not be proved
XI
Chapter IV

OF ORAL EVIDENCE

2
✪59
Proof of facts by oral evidence
✪60
Oral evidence must be direct
XII
Chapter V

OF DOCUMENTARY EVIDENCE

18
✪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
✪84
Special provisions as to evidence relating to digital record
✪85
Admissibility of Digital Records
✪66
Rules as to notice to produce
✪67
Proof of signature and handwriting of person alleged to have signed or written document produced
✪88
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
✪95
Proof as to verification of digital signature
✪96
Comparison of physical or forensic evidence with others, admitted or proved
XIII
Chapter V

PUBLIC DOCUMENTS

5
✪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
XIV
Chapter V

PRESUMPTION AS TO DOCUMENTS

19
✪79
Presumption as to genuineness of certified copies
✪80
Presumption as to documents produced as record of evidence
✪81
[Omitted]
✪105
Presumption as to Gazettes in digital 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
✪110
Presumption as to agreements in digital forms
✪111
Presumption as to digital record and digital signatures
✪112
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 telegraphic messages
✪116
Presumption as to digital communication
✪89
Presumption as to due execution, etc., of documents not produced
✪118
Presumption as to physical or forensic evidence
✪90
Presumption as to documents thirty years old
✪120
Presumption as to digital records five years old
XV
Chapter VI

OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

10
✪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 of 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 Succession Act relating to wills
XVI
Chapter VII

OF THE BURDEN OF PROOF

14
✪101
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
✪112
Birth during marriage conclusive proof of legitimacy
✪113
[Omitted]
✪114
Court may presume existence of certain facts
XVII
Chapter VIII

ESTOPPEL

3
✪115
Estoppel
✪116
Estoppel of tenant; and of licensee of person in possession
✪117
Estoppel of acceptor of bill of exchange, bailee or licensee
XVIII
Chapter IX

OF WITNESSES

17
✪118
Who may testify
✪119
Dumb witnesses
✪120
Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail
✪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 communications
✪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-deed of witness, not a party
✪131
Production of documents 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
XIX
Chapter X

OF THE EXAMINATION OF WITNESSES

37
✪135
Order of production and examination of witnesses
✪136
Judge to decide as to admissibility of evidence
✪137
Examination-in-chief
✪168
Cross-examination
✪169
Re-examination
✪138
Order of examinations
✪171
Direction of re-examination
✪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
✪193
When witness may use copy of document to refresh memory
✪160
Testimony to facts stated in document mentioned in section 159
✪161
Right of adverse party as to writing used to refresh memory
✪162
Production of documents
✪197
Translation of documents
✪163
Giving, as evidence, of document called for and produced on notice
✪164
Using, as evidence, of document production of which was refused on notice
✪165
Judge’s power to put questions or order production
✪166
Power of jury or assessors to put questions
XX
Chapter XI

OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

1
✪167
No new trial for improper admission or rejection of evidence