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CHAPTER - 17
INDIAN EVIDENCE ACT, 1872
AJIT KUMAR KHAN
D.D. (TRG.)
Sec.3 Interpretation clause.

Meaning of the terms will be taken as per definition unless contrary

intention appears from the context.
Court includes all Judges and Magistrates and all other persons except
arbitrators, legally authorized to take evidence.
Fact means and includes-
(a) anything, state of things, or relation of things, capable of being perceived
by senses,
(b) any mental condition of which any person is conscious,
Facts in issue means and includes any fact from which either by itself or in
connection with other facts, the existence or non existence, nature or extent
of any right, liability or disability, asserted or denied in any suit or
proceeding necessarily follows.
Document means any matter expressed or described upon any substance
by means of letter, figures, or marks or by more than one of those means,
used or intended to be used for recording that matter.
Evidence means and includes : -
(1) all statements which the court permits or requires to be made by
witnesses before it in relation to matters of fact under enquiry. Such
statements are called oral evidence.
(2) all documents produced for inspection of the court are called
documentary evidence.
Proved: A fact is said to be proved when after considering the matters before
it, the court either believes it to exist, or considers its existence so probable
that a prudent man ought to act upon the supposition that it exists,
Disproved: The court believes that it does not exist
Not proved: Neither proved nor disproved.
May presume: If it is provided that the court may presume a fact then the
court may either regard such act as proved unless and until it is disproved
or the court may call for proof of it.
Shall presume: Here the court shall presume a fact as proved unless and
until it is disproved.
Conclusive proof: When one fact is declared by this Act to be conclusive
proof of another, the court shall on proof of one fact regard the other as
proved and shall not allow evidence to be given for disproving it.
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Rules of proof in criminal cases:

Onus of proving everything essential to the establishment of the charge
against the accused lies on the prosecutor.The evidence must be such as to
exclude to a moral certainty every reasonable doubt of the guilt of the
accused. In matters of doubt it is safer to acquit than to condemn.
Rules of proof in civil cases: A mere preponderance of probability, due
regard had to the burden of proof, is a sufficient basis of decision.
Sec.45: Opinion of experts: When the court has to form an opinion upon a
point of science or act or to identify handwriting or finger impression, the
opinion of persons especially skilled in such areas are relevant facts. Such
persons are called experts.
Sec. 46: Facts bearing upon opinions of experts:
Facts, not otherwise relevant, are relevant if they support or are inconsistent
with the opinions of experts, when such opinions are relevant.
Sec. 47: Opinion as to hand-writing, when relevant:
When the Court has to form an opinion as to the person by whom any
document was written or signed, the opinion of any person acquainted with
the handwriting of the person by whom it is supposed to be written or
signed that it was or was not written or signed by that person, is a relevant
fact.
Sec.49: Proof of facts by oral evidence
All facts, except the contents or documents may be proved by oral evidence.
Sec.60: Oral evidence must be direct.
Oral evidence in all cases must be direct, that is to say – it refers to a fact
which could be seen, it must be the evidence of a witness who says he saw
it, if it refers to a fact which could be heard, the witness must have heard it,
if it refers to an opinion or to the grounds on which the opinion is held, it
must be evidence of a person who holds opinion on those grounds.
Sec.61: Proof of contents of documents.
Contents of documents may be proved either by primary or by secondary
evidence.
Sec.62: Primary evidence
Primary evidence means the document itself produced for inspection of the
court.
Sec.63: Secondary evidence.
Secondary evidence means and includes :
(1) Certified copies
(2) Copies made from the original by mechanical process, which
ensures the accuracy of the copy.
(3) Copies made from and compared with the original.

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(4) Oral accounts of the contents of a document given by some

person who has seen it.
Sec.64: Proof of documents by primary evidence.
Documents, barring some exceptions, must be proved by primary evidence.
Sec.74: Public document:
The following documents are public documents :
(1) documents, forming the acts or records of the acts of the sovereign
authority, official bodies and tribunals, public officers, legislative,
judicial, executive.
Sec.79: Presumption as to genuineness of certified copies:
The court shall presume to be genuine every document purporting to be
certificate, certified copy or other document, which is by law declared to be
admissible as evidence of any particular fact which purports to be duly
certified by any officer of the Central Govt. or State Govt.
Sec.101: Burden of Proof:
Whoever desires any court to give judgment as to any legal right or liability
dependant on the existence of facts which he asserts must prove that those
facts exist. When a person is bound to prove the existence of a fact, the
burden of proof lies on that person.
Sec.102: On whom burden of proof lies:
The burden of proof in a suit or proceeding lies on that person who would
fail if no evidence at all were given on either side.
Sec.103: Burden of Proof as to particular fact:
Burden of proof of any particular fact lies on that person who wishes the
court to believe in its existence, unless the law provides that proof of the fact
shall be on the other person.
Sec.114: Court may presume existence of certain facts:
The court may presume the existence of any fact which it thinks likely to
have happen, regard being had to the common course of natural events,
human conduct and public and private business in their relation to the facts
of a particular case.
Sec.115: Estoppel:
When one person has, by his declaration, act or omission, intentionally
caused or permitted another person to believe a thing to be true and to act
upon such belief, neither he nor his representative shall be allowed, in any
suit or proceeding between himself and such other person, to deny the truth
of that thing.
Examination of witness, cross-examination & re-examination.
Sec.137 Examination – in – chief :

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The examination of witness by the party who calls it shall be called his
examination in chief.
Cross examination:
The examination of the witness by the adverse party shall be called his cross
examination.
Re-examination:
The examination of a witness by the party who called him subsequent to the
cross-examination shall be called his re-examination.
Sec.141: Leading questions
Any question suggesting the answer which the person putting it wishes or
expects to receive is called a leading question.
Sec.142: When they must not be asked.
Leading questions must not be asked in an examination-in-chief, if objected
by the adverse party, or in a re-examination, except with the permission of
the court. However, leading questions may be asked which are introductory,
undisputed or sufficiently proved.
Sec.143: Leading questions may be asked in cross examination.
Sec.146: Questions lawful in cross-examination.
When a witness is cross examined, he may in addition, be asked any
question which tend
(i) to test his veracity,
(ii) to discover who he is and what is his position in life.

INDIAN EVIDENCE ACT, 1872