The Indian Evidence Act, 1872

The Law of evidence forms an important part of a law student's study. This book has been written to suit his special needs. Special efforts have been made to keep the language easy and lucid to facilitate the understanding of basic principles. The section-wise approach helps in the grasp of the intricacies of this branch of the law. Important decisions have been incorporated, wherever necessary.

• Gujarat Law Reporter: The author has in concise but lucid manner explained different sections. The book will also serve the purpose of ready reference to the members of the Bar. The book is sure to be useful to the law students.

                   Short title, Extent and Commencement 10
                   [Repealed] 11
                   Interpretation clause 11
                   ''May Presume'' 16
                   ''Shall Presume'' 16
                   ''Conclusive proof'' 16

                   Evidence may be given of facts in issue and relevant facts 18
                   Relevancy of facts forming part of same transaction 19
                   Facts which are the occasion, cause or effect or facts in issue 20
                   Motive, preparation and previous or subsequent conduct 22
                   Facts necessary to explain or introduce relevant facts 27
                   Things said or done by conspirators in reference to common design 29
                   When facts not otherwise relevant become relevant 32
                   In suits for damages, facts tending to enable Court to determine
                   amount are relevant 34
                   Facts relevant when right or custom is in question 35
                   Facts showing existence of state of mind, or of body, or bodily feeling 38
                   Facts bearing on question whether act was accidental or intentional 44
                   Existence of course of business when relevant 47

                   Admission defined 48
                   Admission by party to proceeding or his agent; by suitor in representative
                   character; by party interested in subject-matter; by person from whom
                   interest derived 50
                   Admission by persons whose position must be proved as against
                   party to suit 52
                   Admissions by persons expressly referred to by party to suit 53
                   Proof of admissions against persons making them, and by or
                   on their behalf 54
                   When oral admissions as to contents of documents are relevant 57
                   Admissions in civil cases, when relevant 58
                   Confession caused by inducement, threat or promise, When irrelevant in
                   criminal proceeding 59
                   Confession to police officer not to be proved 65
                   Confession by accused while in custody of police not to be proved
                   against him 68
                   How much of information received from accused may be proved 70
                   Confession made after removal of impression caused by inducement,
                   threat or promise, relevant 73
                   Confession otherwise relevant not to become irrelevant because of
                   promise of secrecy, etc. 74
                   Consideration of proved confession affecting person making it
                   and others jointly under trial for same offence 75
                   Admissions not conclusive proof, but may estop 78

                   Cases in which statement of relevant fact by person who is dead
                   or cannot be found, etc. is relevant 79
                       When it relates to cause of death 79
                       Or is made in course of business 79
                       Or against interest of maker 80
                       Or gives opinion as to a public right or custom, or matters of
                       general interest 80
                       Or relates to existence of relationship 80
                       Or is made in will or deed relating to family affairs 80
                       Or in document relating to transaction mentioned in Section 13,
                       clause (a) 80
                       Or is made by several persons and expresses feelings relevant 
                       to matter in question 81
                   Relevance of certain evidence for proving, in subsequent proceeding,
                   the truth of facts therein stated 96

                   Entries in books of account when relevant 101
                   Relevancy of entry in public record, made in performance of duty 103
                   Relevancy of statements in maps, charts and plans 105
                   Relevancy of statement as to fact of public nature, contained in
                   certain Acts or notifications 105
                   Relevancy of statement as to any law contained in law books 106

                   What evidence to be given when statement forms part of a conversation,
                   document, book, or series of letters or papers 107

                   Previous judgments relevant to bar a second suit or trial 108
                   Relevancy of certain judgments in probate, etc., jurisdiction 108
                   Relevancy and effect of judgments, orders or decrees, other than
                   those mentioned in Section 41 110
                   Judgments, etc., other than those mentioned in Sections 40 to
                   42 when relevant 111
                   Fraud or collusion in obtaining judgment, or incompetency of Court,
                   may be proved 113

                   Opinions of experts 115
                   Facts bearing upon opinions of experts 119
                   Opinion as to handwriting when relevant 119
                   Opinion as to existence of right or custom, when relevant 121
                   Opinions as to usages, tenets, etc., when relevant 122
                   Opinion on relationship, when relevant 123
                   Grounds of opinion, when relevant 125

                   In civil cases, character to prove conduct imputed, irrelevant 125
                   In criminal cases, previous good character relevant 126
                   Previous bad character not relevant, except in reply 127
                   Character as affecting damages 129

                   Fact judicially noticeable need not be proved 131
                   Facts of which Court must take judicial notice 132
                   Facts admitted need not be proved 136

                   Proof of facts by oral evidence 138
                   Oral evidence must be direct 139

                   Proof of contents of documents 143
                   Primary evidence 144
                   Secondary evidence 146
                   Proof of documents by primary evidence 149
                   Cases in which secondary evidence relating to documents
                   may be given 149
                   Rules as to notice to produce 156
                   Proof of signature and handwriting alleged to have signed or
                   written document produced 160
                   Proof of execution of document required by law to be attested 161
                   Proof where no attesting witness found 165
                   Admission of execution by party to attested document 167
                   Proof when attesting witness denies the execution 168
                   Proof of document not required by law to be attested 170
                   Comparison of signature, writing or seal with others
                   admitted or proved 170
                   Public documents 173
                   Private documents 176
                   Certified copies of public documents 176
                   Proof of documents by production of certified copies 177
                   Proof of other official documents 178
                   Presumption as to genuiness of certified copies 179
                   Presumption as to documents produced as record or evidence 181
                   Presumption as to Gazettes, newspapers, private Acts of Parliaments
                   and other documents 183
                   Presumption as to document admissible in England without proof of
                   seal or signature 184
                   Presumption as to maps or plans made by authority of Government 185
                   Presumption as to collections of laws and reports of decisions 186
                   Presumption as to powers-of-attorney 186
                   Presumption as to certified copies of foreign judicial records 187
                   Presumption as to books, maps and charts 189
                   Presumption as to telegraphic messages 189
                   Presumption as to due execution, etc., of documents not produced 190
                   Presumption as to documents thirty years old 191

                   Evidence of terms of contracts, grants and other dispositions
                   of property reduced to form of document 200
                   Exclusion of evidence of oral agreement 208
                   Exclusion of evidence to explain or amend ambiguous document 226
                   Exclusion of evidence against application of document to existing facts 228
                   Evidence as to document unmeaning in reference to existing facts 230
                   Evidence as to application of language which can apply to one only
                   of several persons 231
                   Evidence as to application of language to one of two sets of facts,
                   to neither of which the whole correctly applies 233
                   Evidence as to meaning of illegible characters, etc., 234
                   Who may give evidence of agreement varying terms of document 236
                   Saving of provisions of Indian Succession Act relating to wills 237

                   Burden of proof 238
                   On whom burden of proof lies 239
                   Burden of proof as to particular fact 240
                   Burden of proving fact to be proved to make evidence admissible 246
                   Burden of proving that case of accused comes within exceptions 246
                   Burden of proving fact espacially within knowledge 250
                   Burden of proving death of person known to have been alive within
                   thirty years 253
                   Burden of proving that person is alive who has not been heard of
                   for seven years 253
                   Burden of proof as to relationship in the cases of partners,
                   landlord and tenant, principal and agent 257
                   Burden of proof as to ownership 258
                   Proof good faith in transactions where one party is in relation
                   of active confidence 261
                   Birth during marriage conclusive proof of legitimacy 264
                   Proof of cession of terristory 270
                   Court may presume existence of certain fact 270

                   Estoppel 286
                   Estoppel of tenant and of licensee of person in possession 305
                   Estoppel of acceptor of bill of exchange, bailee or licensee 311

                   Who may testify 313
                   Dumb witnesses 317
                   Parties to civil suit, and their wives or husbands-Husband or wife of
                   person under criminal trial 318
                   Judges and Magistrates 319
                   Communications during marriage 321
                   Evidence as to affairs of State 324
                   Official communications 328
                   Information as to commission of offences 330
                   Professional communications 332
                   Section 126 to apply to interpreters, etc. 333
                   Privilege not waived by volunteering evidence 333
                   Confidential communications with legal advisers 339
                   Production of title-deeds of witness not a party 340
                   Production of documents which another person, having possession,
                   could refuse to produce 341
                   Witness not excused from answering on ground that answer
                   will criminate 342
                       Proviso 342
                   Accomplice 344
                   Number of witnesses 351

                   Order of production and examination of witnesses 353
                   Judge to decide as to admissibility of evidence 354
                   Examination-in-chief 356
                       Cross-examination 356
                       Re-examination 356
                   Order of examination 356
                       Direction of re-examination 356
                   Cross-examination of person called to produce a document 362
                   Witnesses to character 363
                   Leading questions 363
                   When they must not be asked 363
                   When they may be asked 363
                   Evidence as to matters in writing 365
                   Cross-examination as to previous statements in writing 366
                   Questions lawful in cross-examination 369
                   When witness to be compelled to answer 370
                   Court to decide when question shall be asked and when witness
                   compelled to answer 370
                   Question not to be asked without reasonable grounds 372
                   Procedure of Court in case of question being asked without
                   reasonable grounds 372
                   Indecent and scandalous questions 373
                   Questions intended to insult or annoy 373
                   Exclusion of evidence to contradict answers to questions
                   testing veracity 374
                   Question by party to his own witness 376
                   Impeaching credit of witness 377
                   Questions tending to corroborate evidence of relevant fact,
                   admissible 379
                   Former statements of witness may be proved to corroborate
                   later testimony as to same fact 380
                   What matters may be proved in connection with proved statement
                   relevant under Section 32 or 33 381
                   Refreshing memory 381
                   When witness may use copy of document to refresh memory 382
                   Testimony to facts stated in document mentioned in Section 159 383
                   Right of adverse party as to writing used to refresh memory 383
                   Production of documents 384
                   Translation of documents 384
                   Giving, as evidence, of document called for and produced on notice 385
                   Using, as evidence, of document production of which was refused
                   on notice 385
                   Judge's power to put questions or order production 486
                   Power of jury or assessors to put question 387

                   No new trial for improper admission or rejection of evidence 388
                   SCHEDULE.-[Repealed ] 388