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In forceACT NO. I OF 1872 · 15th March, 1872

The Evidence Act, 1872

সাক্ষ্য আইন, ১৮৭২

♣WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is enacted as follows:-

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Contents

Part I RELEVANCY OF FACTS · Chapter I PRELIMINARY

  1. Section 1Short title
  2. Section 2[Repealed]Repealed
  3. Section 3Interpretation-clause
  4. Section 4"May presume"

Part I RELEVANCY OF FACTS · Chapter II OF THE RELEVANCY OF FACTS

  1. Section 5Evidence may be given of facts in issue and relevant facts
  2. Section 6Relevancy of facts forming part of same transaction
  3. Section 7Facts which are the occasion cause or effect of facts in issue
  4. Section 8Motive, preparation and previous or subsequent conduct
  5. Section 9Facts necessary to explain or introduce relevant facts
  6. Section 10Things said or done by conspirator in reference to common design
  7. Section 11When facts not otherwise relevant become relevant
  8. Section 12In suits for damages, facts tending to enable Court to determine amount are relevant
  9. Section 13Facts relevant when right or custom is in question
  10. Section 14Facts showing existence of state of mind, or of body, or bodily feeling
  11. Section 15Facts bearing on question whether act was accidental or intentional
  12. Section 16Existence of course of business when relevant

Part I RELEVANCY OF FACTS · Chapter II ADMISSIONS

  1. Section 17Admission defined
  2. Section 18Admission -by party to proceeding or his agent;
  3. Section 19Admissions by persons whose position must be proved as against party to suit
  4. Section 20Admissions by persons expressly referred to by party to suit
  5. Section 21Proof of admissions, against persons making them, and by or on their behalf
  6. Section 22When oral admissions as to contents of documents are relevant
  7. Section 22AWhen oral admissions as to contents of digital records are relevant
  8. Section 23Admissions in civil cases when relevant
  9. Section 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
  10. Section 25Confession to police-officer not to be proved
  11. Section 26Confession by accused while in custody of police not to be proved against him
  12. Section 27How much of information received from accused may be proved
  13. Section 28Confession made after removal of impression caused by inducement, threat or promise, relevant
  14. Section 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
  15. Section 30Consideration of proved confession affecting person making it and others jointly under trial for same offence
  16. Section 31Admissions not conclusive proof, but may be stop

Part I RELEVANCY OF FACTS · Chapter II STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

  1. Section 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  2. Section 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Part I RELEVANCY OF FACTS · Chapter II STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

  1. Section 34Entries in books of account [or digital record] when relevant
  2. Section 35Relevancy of entry in public record [or digital record], made in performance of duty
  3. Section 36Relevancy of statements in maps, charts [, plans and digital record]
  4. Section 37Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  5. Section 38Relevancy of statements as to any law contained in law-books

Part I RELEVANCY OF FACTS · Chapter II HOW MUCH OF A STATEMENT IS TO BE PROVED

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

Part I RELEVANCY OF FACTS · Chapter II JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

  1. Section 40Previous judgments relevant to bar a second suit or trial
  2. Section 41Relevancy of certain judgments in probate, etc., jurisdiction
  3. Section 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
  4. Section 43Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
  5. Section 44Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved

Part I RELEVANCY OF FACTS · Chapter II OPINIONS OF THIRD PERSONS WHEN RELEVANT

  1. Section 45Opinion of Experts
  2. Section 45AOpinion of experts on physical or forensic evidence
  3. Section 46Facts bearing upon opinions of experts
  4. Section 47Opinion as to handwriting, when relevant
  5. Section 47AOpinion as to digital signature where relevant
  6. Section 48Opinion as to existence of right or custom, when relevant
  7. Section 49Opinion as to usages, tenets, etc., when relevant
  8. Section 50Opinion on relationship, when relevant
  9. Section 51Grounds of opinion, when relevant

Part I RELEVANCY OF FACTS · Chapter II CHARACTER WHEN RELEVANT

  1. Section 52In civil cases, character to prove conduct imputed, irrelevant
  2. Section 53In criminal cases, previous good character relevant
  3. Section 54Previous bad character not relevant, except in reply
  4. Section 55Character as affecting damages

Part II ON PROOF · Chapter III FACTS WHICH NEED NOT BE PROVED

  1. Section 56Fact judicially noticeable need not be proved
  2. Section 57Facts of which Court must take judicial notice
  3. Section 58Facts admitted need not be proved

Part II ON PROOF · Chapter IV OF ORAL EVIDENCE

  1. Section 59Proof of facts by oral evidence
  2. Section 60Oral evidence must be direct

Part II ON PROOF · Chapter V OF DOCUMENTARY EVIDENCE

  1. Section 61Proof of contents of documents
  2. Section 62Primary evidence
  3. Section 63Secondary evidence
  4. Section 64Proof of documents by primary evidence
  5. Section 65Cases in which secondary evidence relating to documents may be given
  6. Section 65ASpecial provisions as to evidence relating to digital record
  7. Section 65BAdmissibility of Digital Records
  8. Section 66Rules as to notice to produce
  9. Section 67Proof of signature and handwriting of person alleged to have signed or written document produced
  10. Section 67AProof as to digital signature
  11. Section 68Proof of execution of document required by law to be attested
  12. Section 69Proof where no attesting witness found
  13. Section 70Admission of execution by party to attested document
  14. Section 71Proof when attesting witness denies the execution
  15. Section 72Proof of document not required by law to be attested
  16. Section 73Comparison of signature, writing or seal with others, admitted or proved
  17. Section 73AProof as to verification of digital signature
  18. Section 73BComparison of physical or forensic evidence with others, admitted or proved

Part II ON PROOF · Chapter V PUBLIC DOCUMENTS

  1. Section 74Public documents
  2. Section 75Private documents
  3. Section 76Certified copies of public documents
  4. Section 77Proof of documents by production of certified copies
  5. Section 78Proof of other official documents

Part II ON PROOF · Chapter V PRESUMPTION AS TO DOCUMENTS

  1. Section 79Presumption as to genuineness of certified copies
  2. Section 80Presumption as to documents produced as record of evidence
  3. Section 81[Omitted]Repealed
  4. Section 81APresumption as to Gazettes in digital forms
  5. Section 82Presumption as to document admissible in England without proof of seal or signature
  6. Section 83Presumption as to maps or plans made by authority of Government
  7. Section 84Presumption as to collections of laws and reports of decisions
  8. Section 85Presumption as to powers-of-attorney
  9. Section 85APresumption as to agreements in digital forms
  10. Section 85BPresumption as to digital record and digital signatures
  11. Section 85CPresumption as to Digital Signature Certificates
  12. Section 86Presumption as to certified copies of foreign judicial records
  13. Section 87Presumption as to books, maps and charts
  14. Section 88Presumption as to telegraphic messages
  15. Section 88APresumption as to digital communication
  16. Section 89Presumption as to due execution, etc., of documents not produced
  17. Section 89APresumption as to physical or forensic evidence
  18. Section 90Presumption as to documents thirty years old
  19. Section 90APresumption as to digital records five years old

Part II ON PROOF · Chapter VI OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

  1. Section 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  2. Section 92Exclusion of evidence of oral agreement
  3. Section 93Exclusion of evidence to explain or amend ambiguous document
  4. Section 94Exclusion of evidence against application of document of existing facts
  5. Section 95Evidence as to document unmeaning in reference to existing facts
  6. Section 96Evidence as to application of language which can apply to one only of several persons
  7. Section 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  8. Section 98Evidence as to meaning of illegible characters, etc.
  9. Section 99Who may give evidence of agreement varying terms of document
  10. Section 100Saving of provisions of Succession Act relating to wills

Part III PRODUCTION AND EFFECT OF EVIDENCE · Chapter VII OF THE BURDEN OF PROOF

  1. Section 101Burden of proof
  2. Section 102On whom burden of proof lies
  3. Section 103Burden of proof as to particular fact
  4. Section 104Burden of proving fact to be proved to make evidence admissible
  5. Section 105Burden of proving that case of accused comes within exceptions
  6. Section 106Burden of proving fact especially within knowledge
  7. Section 107Burden of proving death of person known to have been alive within thirty years
  8. Section 108Burden of proving that person is alive who has not been heard of for seven years
  9. Section 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  10. Section 110Burden of proof as to ownership
  11. Section 111Proof of good faith in transactions where one party is in relation of active confidence
  12. Section 112Birth during marriage conclusive proof of legitimacy
  13. Section 113[Omitted]Repealed
  14. Section 114Court may presume existence of certain facts

Part III PRODUCTION AND EFFECT OF EVIDENCE · Chapter VIII ESTOPPEL

  1. Section 115Estoppel
  2. Section 116Estoppel of tenant; and of licensee of person in possession
  3. Section 117Estoppel of acceptor of bill of exchange, bailee or licensee

Part III PRODUCTION AND EFFECT OF EVIDENCE · Chapter IX OF WITNESSES

  1. Section 118Who may testify
  2. Section 119Dumb witnesses
  3. Section 120Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail
  4. Section 121Judges and Magistrates
  5. Section 122Communications during marriage
  6. Section 123Evidence as to affairs of State
  7. Section 124Official communications
  8. Section 125Information as to commission of offences
  9. Section 126Professional communications
  10. Section 127Section 126 to apply to interpreters, etc.
  11. Section 128Privilege not waived by volunteering evidence
  12. Section 129Confidential communications with legal advisers
  13. Section 130Production of title-deed of witness, not a party
  14. Section 131Production of documents which another person, having possession, could refuse to produce
  15. Section 132Witness not excused from answering on ground that answer will criminate
  16. Section 133Accomplice
  17. Section 134Number of witnesses

Part III PRODUCTION AND EFFECT OF EVIDENCE · Chapter X OF THE EXAMINATION OF WITNESSES

  1. Section 135Order of production and examination of witnesses
  2. Section 136Judge to decide as to admissibility of evidence
  3. Section 137Examination-in-chief
  4. Section 138Order of examinations
  5. Section 139Cross-examination of person called to produce a document
  6. Section 140Witnesses to character
  7. Section 141Leading questions
  8. Section 142When they must not be asked
  9. Section 143When they may be asked
  10. Section 144Evidence as to matters in writing
  11. Section 145Cross-examination as to previous statements in writing
  12. Section 146Questions lawful in cross-examination
  13. Section 147When witness to be compelled to answer
  14. Section 148Court to decide when question shall be asked and when witness compelled to answer
  15. Section 149Question not to be asked without reasonable grounds
  16. Section 150Procedure of Court in case of question being asked without reasonable grounds
  17. Section 151Indecent and scandalous questions
  18. Section 152Questions intended to insult or annoy
  19. Section 153Exclusion of evidence to contradict answers to questions testing veracity
  20. Section 154Question by party to his own witness
  21. Section 155Impeaching credit of witness
  22. Section 156Questions tending to corroborate evidence of relevant fact admissible
  23. Section 157Former statements of witness may be proved to corroborate later testimony as to same fact
  24. Section 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  25. Section 159Refreshing memory
  26. Section 160Testimony to facts stated in document mentioned in section 159
  27. Section 161Right of adverse party as to writing used to refresh memory
  28. Section 162Production of documents
  29. Section 163Giving, as evidence, of document called for and produced on notice
  30. Section 164Using, as evidence, of document production of which was refused on notice
  31. Section 165Judge’s power to put questions or order production
  32. Section 166Power of jury or assessors to put questions

Part III PRODUCTION AND EFFECT OF EVIDENCE · Chapter XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

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