Key Sections and Titles in the Evidence Act 1872

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.

AIPRM - ChatGPT Prompts

  Favorites

  AIPRM

Public

Own

  Hidden

  Add List

Topic

Activity

Sort by

Model

Add Private Prompt

You do not have any own prompts at the moment.

Click here to create your own prompt

Post a Comment

Previous Post Next Post