Indian Evidence Act Flashcards
1
Q
Section
A
Title
2
Q
1
A
Short title, extent and Commencement
3
Q
2
A
Repeal of enactments
4
Q
3
A
Interpretation clause
5
Q
4
A
Presumption and Proof
6
Q
5
A
Evidence may be given of facts in issue and relevant facts
7
Q
6
A
Relevancy of facts forming part of same transaction
8
Q
7
A
Facts which are the occasion, cause or effect of facts in issue
9
Q
8
A
Motive, preparation and previous or subsequent conduct
10
Q
9
A
Facts necessary to explain or introduce relevant facts
11
Q
10
A
Things said or done by conspirator in reference to common design
12
Q
11
A
When facts not otherwise relevant become relevant
13
Q
12
A
In suits for damages, facts tending to enable Court to determine amount are relevant
14
Q
13
A
Facts relevant when right or custom is in question
15
Q
14
A
Facts showing existence of state of mind, or of body or bodily feeling
16
Q
15
A
Facts bearing on question whether act was accidental or intentional
17
Q
16
A
Existence of course of business when relevant
18
Q
17
A
Admission defined
19
Q
18
A
Admission by party to proceeding or his agent by suitor in representative character
20
Q
19
A
Admissions by persons whose position must be proved as against party to suit
21
Q
20
A
Admissions by persons expressly referred to by party to suit
22
Q
21
A
Proof of admissions against persons making them, and by or on their behalf
23
Q
22
A
When oral admissions as to contents of documents are relevant
24
Q
22A
A
When oral admission as to contents of electronic records are relevant
25
23
Admissions in civil cases, when relevant
26
24
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
27
25
Confession to police officer not to be proved
28
26
Confession by accused while in custody of police not to be proved against him
29
27
How much of information received from accused may be proved
30
28
Confession made after removal of impression caused by inducement, threat or promise relevant
31
29
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
32
30
Consideration of proved confession affecting person making it and others jointly under trial for same offence
33
31
Admissions not conclusive proof, but may estop
34
32
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
35
33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
36
34
Entries in books of account including those maintained in an electronic form when relevant
37
35
Relevancy of entry in public record or an electronic record made in performance of duty
38
36
Relevancy of statements in maps, charts and plans
39
37
Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
40
38
Relevancy of statements as to any law contained in law-books
41
39
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
42
40
Previous judgments relevant to bar a second suit or trial
43
41
Relevancy of certain judgments in probate, etc., jurisdiction
44
42
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
45
43
Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
46
44
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
47
45
Opinions of experts
48
46
Facts bearing upon opinions of experts
49
47
Opinion as to handwriting, when relevant
50
47A
Opinion as to digital signature when relevant
51
48
Opinion as to existence of right or custom, when relevant
52
49
Opinion as to usages, tenets, etc., when relevant
53
50
Opinion or relationship, when relevant
54
51
Grounds of opinion, when relevant
55
52
In civil cases character to prove conduct imputed, irrelevant
56
53
In criminal cases, previous good character relevant
57
53A
Evidence of character or previous sexual experience not relevant in certain cases
58
54
Previous bad character not relevant, except in reply
59
55
Character as affecting damages
60
56
Fact judicially noticeable need not be proved
61
57
Facts of which Court must take judicial notice
62
58
Facts admitted need not be proved
63
59
Proof of facts by oral evidence
64
60
Oral evidence must be direct
65
61
Proof of contents of documents
66
62
Primary evidence
67
63
Secondary evidence
68
64
Proof of documents by primary evidence
69
65
Cases in which secondary evidence relating to documents may be given
70
65A
Special provisions as to evidence relating to electronic record
71
65B
Admissibility of electronic records
72
66
Rules as to notice to produce
73
67
Proof of signature and handwriting of person alleged to have signed or written document produced
74
67A
Proof as to digital signature
75
68
Proof of execution of document required by law to be attested
76
69
Proof where no attesting witness found
77
70
Admission of execution by party to attested document
78
71
Proof when attesting witness denies the execution
79
72
Proof of document not required by law to be attested
80
73
Comparison of signature, writing or seal with others admitted or proved
81
73A
Proof as to verification of digital signature
82
74
Public documents
83
75
Private documents
84
76
Certified copies of public documents
85
77
Proof of documents by production of certified copies
86
78
Proof of other official documents
87
79
Presumption as to genuineness of certified copies
88
80
Presumption as to documents produced as record of evidence
89
81
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
90
81A
Presumption as to Gazettes in electronic forms
91
82
Presumption as to document admissible in England without proof of seal or signature
92
83
Presumption as to maps or plans made by authority of Government
93
84
Presumption as to collections of laws and reports of decisions
94
85
Presumption as to power-of-attorney
95
85A
Presumption as to electronic agreements
96
85B
Presumption as to electronic records and digital signatures
97
85C
Presumption as to Digital Signature Certificates
98
86
Presumption as to certified copies of foreign judicial records
99
87
Presumption as to books, maps and charts
100
88
Presumption as to telegraphic messages
101
88A
Presumption as to electronic messages
102
89
Presumption as to due execution, etc. of documents not produced
103
90
Presumption as to documents thirty years old
104
90A
Presumption as to electronic records five years old
105
91
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
106
92
Exclusion of evidence of oral agreement
107
93
Exclusion of evidence to explain or amend ambiguous document
108
94
Exclusion of evidence against application of document to existing facts
109
95
Evidence as to document unmeaning in reference to existing facts
110
96
Evidence as to application of language which can apply to one only of several persons
111
97
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
112
98
Evidence as to meaning of illegible characters, etc
113
99
Who may give evidence of agreement varying term of document
114
100
Saving of provisions of Indian Succession Act relating to wills
115
101
Burden of proof
116
102
On whom burden of proof lies
117
103
Burden of proof as to particular fact
118
104
Burden of proving fact to be proved to make evidence admissible
119
105
Burden of proving that case of accused comes within exceptions
120
106
Burden of proving fact especially within knowledge
121
107
Burden of proving death of person known to have been alive within thirty years
122
108
Burden of proving that person is alive who has not been heard of for seven years
123
109
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
124
110
Burden of proof as to ownership
125
111
Proof of good faith in transactions where one party is in relation of active confidence
126
111A
Presumption as to certain offences
127
112
Birth during marriage, conclusive proof of legitimacy
128
113
Proof of cession of territory
129
113A
Presumption as to abetment of suicide by a married woman
130
113B
Presumption as to dowry death
131
114
Court may presume existence of certain facts
132
114A
Presumption as to absence of consent in certain prosecution for rape
133
115
Estoppel
134
116
Estoppel of tenant; and of licensee of person in possession
135
117
Estoppel of acceptor of bill of exchange, bailee or licensee
136
118
Who may testify
137
119
Witness unable to communicate verbally
138
120
Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
139
121
Judges and Magistrates
140
122
Communications during marriage
141
123
Evidence as to affairs of State
142
124
Official communications
143
125
Information as to commission of offences
144
126
Professional communications
145
127
126 to apply to interpreters, etc
146
128
Privilege not waived by volunteering evidence
147
129
Confidential communications with legal advisers
148
130
Production of title-deeds of witness not a party
149
131
Production of documents or electronic records which another person, having possession, could refuse to produce
150
132
Witness not excused from answering on ground that answer will criminate
151
133
Accomplice
152
134
Number of witnesses
153
135
Order of production and examination of witnesses
154
136
Judge to decide as to admissibility of evidence
155
137
Examination-in-chief
156
138
Order of examinations
157
139
Cross-examination of person called to produce a document
158
140
Witnesses to character
159
141
Leading questions
160
142
When they must not be asked
161
143
When they may be asked
162
144
Evidence as to matters in writing
163
145
Cross-examination as to previous statements in writing
164
146
Questions lawful in cross-examination
165
147
When witness to be compelled to answer
166
148
Court to decide when question shall be asked and when witness compelled to answer
167
149
Question not to be asked without reasonable grounds
168
150
Procedure of Court in case of question being asked without reasonable grounds
169
151
Indecent and scandalous questions
170
152
Questions intended to insult or annoy
171
153
Exclusion of evidence to contradict answers to questions testing veracity
172
154
Question by party to his own witness
173
155
Impeaching credit of witness
174
156
Question tending to corroborate evidence of relevant fact, admissible
175
157
Former statements of witness may be proved to corroborate later testimony as to same fact
176
158
What matters may be proved in connection with proved statement relevant under section 32 or 33
177
159
Refreshing memory
178
160
Testimony to facts stated in document mentioned in section 159
179
161
Right of adverse party as to writing used to refresh memory
180
162
Production of documents
181
163
Giving, as evidence, of document called for and produced on notice
182
164
Using, as evidence, of document production of which was refused on notice
183
165
Judge's power to put questions or order production
184
166
Power of jury or assessors to put questions
185
167
No new trial for improper admission or rejection of evidence
