Key Sections and Titles in the Evidence Act 1872
Chapter I: Preliminary
Section 1 - Short title, extent, and commencement of the Act
Section 3 - Interpretation clause (Definitions)
Section 4 - "May Presume," "Shall Presume," and "Conclusive Proof"
Chapter II: Relevancy of Facts
Section 5 - Evidence may be given of facts in issue and relevant facts
Section 6 - Relevancy of facts forming part of the same transaction (Res Gestae)
Section 7 - Facts that are the occasion, cause, or effect of relevant facts
Section 8 - Motive, preparation, and previous or subsequent conduct
Section 9 - Facts necessary to explain or introduce relevant facts
Section 11 - When facts not otherwise relevant become relevant
Section 17 - Admission defined
Section 18 - Admissions by parties to proceedings or their agents
Section 21 - Proof of admissions against the person who makes them
Section 24 - Confession caused by inducement, threat, or promise
Section 25 - Confession to police officers
Section 26 - Confession by accused while in custody of police not to be proved against him
Section 27 - How much of information received from accused may be proved
Section 32 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant (Dying declaration)
Section 33 - Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Chapter III: Facts which Need Not be Proved
Section 56 - Facts judicially noticeable need not be proved
Section 57 - Facts of which court must take judicial notice
Chapter IV: Oral Evidence
Section 59 - Proof of facts by oral evidence
Section 60 - Oral evidence must be direct
Chapter V: Documentary Evidence
Section 61 - Proof of contents of documents
Section 62 - Primary evidence
Section 63 - Secondary evidence
Section 64 - Proof of documents by primary evidence
Section 65 - Cases in which secondary evidence relating to documents may be given
Section 67 - Proof of signature and handwriting of person alleged to have signed or written document produced
Section 73 - Comparison of signature, writing, or seal with others admitted or proved
Chapter VI: Public Documents
Section 74 - Public documents
Section 75 - Private documents
Section 76 - Certified copies of public documents
Chapter VII: Exclusion of Oral by Documentary Evidence
Section 91 - Evidence of terms of contracts, grants, and other dispositions of property reduced to form of document
Section 92 - Exclusion of evidence of oral agreement
Chapter IX: Burden of Proof
Section 101 - Burden of proof
Section 102 - On whom burden of proof lies
Section 103 - Burden of proof as to particular fact
Section 104 - Burden of proving fact to be proved to make evidence admissible
Section 105 - Burden of proving that case of accused comes within exceptions
Chapter X: Estoppel
Section 115 - Estoppel
Section 116 - Estoppel of tenant and of licensee of person in possession
Chapter XI: Witnesses
Section 118 - Who may testify
Section 119 - Dumb witnesses
Section 120 - Parties to civil suit, and their wives or husbands
Section 122 - Communications during marriage
Section 123 - Evidence as to affairs of State
Section 126 - Professional communications
Section 133 - Accomplice
Section 134 - Number of witnesses
Chapter XII: Examination of Witnesses
Section 135 - Order of production and examination of witnesses
Section 137 - Examination-in-chief, cross-examination, re-examination
Section 138 - Order of examinations
Section 141 - Leading questions
Section 145 - Cross-examination as to previous statements in writing
Section 146 - Questions lawful in cross-examination
Section 148 - Court to decide when question shall be asked and when witness compelled to answer
This list covers significant sections often focused on for exams and practical application in legal proceedings.
Bibliography:
Evidence Act of 1872, India. "The Indian Evidence Act, 1872." Government of India, Legislative Department, 1872. Available from India Code Digital Library, Government of India.
URL: https://www.indiacode.nic.in/bitstream/123456789/1553/1/1872__01.pdf
Sarkar, Sudipto. The Law of Evidence. 18th Edition. Nagpur: LexisNexis Butterworths Wadhwa, 2022.
Comprehensive commentary on the Indian Evidence Act, focusing on sections, case law, and practical applications.
Singh, Avtar. Principles of the Law of Evidence. 11th Edition. Allahabad: Central Law Publications, 2018.
Detailed analysis of the Evidence Act sections, including critical observations and landmark judgments for each key section.
Ratanlal & Dhirajlal. The Law of Evidence. 27th Edition. New Delhi: LexisNexis, 2021.
A foundational text with interpretative insights and judicial interpretations, frequently cited in courtrooms and legal exams.
Malik, Vepa P. Sarathi. Law of Evidence. 8th Edition. Lucknow: Eastern Book Company, 2020.
Scholarly work on the practical application of the Evidence Act, providing commentary on each section, including amendments and recent judicial interpretations.
Justice Y.V. Chandrachud (ed.). Commentary on the Indian Evidence Act, 1872. New Delhi: Universal Law Publishing, 2022.
A high-level overview and detailed interpretation of the Evidence Act’s sections, with emphasis on contemporary legal scenarios.
Monir, M.C. Textbook on the Law of Evidence. 9th Edition. Kolkata: Universal Law Publishing, 2019.
Detailed coverage of major sections and recent case law interpretations in the context of the Evidence Act, highlighting key sections relevant to practice.
Parikh, K.N. Law of Evidence. 6th Edition. Mumbai: Snow White Publications, 2017.
Detailed section-by-section analysis focusing on theoretical and practical aspects, ideal for bar exams and academic references.
These references offer a broad analysis and interpretation of the Evidence Act of 1872, focusing on both foundational principles and practical application.
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