Indian Evidence Act

#IndianEvidenceAct

The Indian Evidence Act, 1872 is a comprehensive statute that lays down the rules and principles regarding the admissibility of evidence in Indian courts. It forms one of the pillars of procedural law in India and applies to all judicial proceedings in courts, but not to affidavits or arbitration.

Basic Information

• Name: Indian Evidence Act, 1872

• Drafted by: Sir James Fitzjames Stephen

• Date of enactment: 15 March 1872

• Came into force: 1 September 1872

• Applicability: All courts in India (except in some special cases and proceedings like arbitration)

Structure of the Act

The Act is divided into 3 parts, comprising 11 chapters and 167 sections (as originally enacted):

Part 1: Relevancy of Facts (Sections 1–55)

This part defines what facts may be given in evidence.

• Section 5–16: Relevant facts

• Section 17–31: Admissions and confessions

• Section 32–33: Statements by persons who cannot be called as witnesses

• Section 34–39: Entries in books of account, public records, etc.

• Section 40–44: Judgments in other cases

• Section 45–51: Opinions of experts

• Section 52–55: Character evidence

Part 2: On Proof (Sections 56–100)

This part deals with the rules relating to the burden of proof, presumptions, estoppel, and documentary evidence.

Section 56–58: Facts that need not be proved

• Section 59–60: Oral evidence

• Section 61–73: Documentary evidence

Section 74–78: Public and private documents

Section 79–90A: Presumptions as to documents

• Section 91–100: Exclusion of oral by documentary evidence

Part 3: Production and Effect of Evidence (Sections 101–167)

This part outlines how evidence is to be presented, who has the burden of proof, and what happens if a party refuses to produce evidence.

Section 101–114A: Burden of proof and presumptions

• Section 115–117: Estoppel

Section 118–134: Competency of witnesses

• Section 135–166: Examination of witnesses (including cross-examination)

• Section 167: No new trial if improper admission or rejection of evidence does not affect the outcome

Key Principles

• Best Evidence Rule

• Hearsay Rule

• Presumptions of Law and Fact

• Burden of Proof

• Estoppel

Amendments and Recent Developments

Though the Indian Evidence Act has remained largely intact since 1872, some important amendments and judicial interpretations have kept it up to date with constitutional mandates and societal needs.

In 2023, the Bharatiya Sakshya Bill was introduced to overhaul and modernize the law, as part of a broader legal reform initiative (along with revisions to the IPC and CrPC).

This bill aims to incorporate digital evidence, remove colonial references, and simplify provisions.

Would you like:

• A summary of the proposed Bharatiya Sakshya Bill (2023/2024)?

• Important case laws under the Indian Evidence Act?

A topic-wise breakdown or PDF study guide?

Let me know how deep you want to go!