The Indian Evidence Act, 1872

Act No. 1

1872-01-01

Section 1 — Short title

1. Short title. --This Act may be called the Indian Evidence Act, 1872. Extent. --It extends to the whole of India 2[ 3***] and applies to all judicial proceedings in or before any Court, including Courts-martial, 4[other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] 5[the Naval Discipline Act [29 & 30 Vict., 109]; or 6*** the Indian Navy (Discipline) Act, 1934 (34 of 1934),] 7[or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits 8 presented to any Court or officer, nor to proceedings before an arbitrator ; Commencement of Act. --And it shall come into force on the first day of September, 1872.

Section 2 — [Repeal of enactments .]

2. [Repeal of enactments .].-- Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and Schedule .

Section 3 — Interpretation-clause

3. Interpretation-clause .--In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from th e context: -- “Court”. --“Court” includes all Judges 9 and Magistrates 10 , and all persons, except arbitrators, legally authorised to take evidence. “Fact”. --“Fact” means and includes-

( 1)anything, state of things, or relation of things, capable of being perceived by the senses;

(2)any mental condition of which any person is consc ious. Illustrations

(a)That there are certain objects arranged in a cert ain order in a certain place, is a fact.

(b)That a man heard or saw something, is a fact.

(c)That a man said certain words, is a fact.

(d)That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sens ation, is a fact.

(e)That a man has a certain reputation, is a fact.

Section 1 — The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule, extended to and brought into force

1. The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule, extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 an d Schedule I (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). Th e Act came into force in Pondicherry on 1-10-1963 v ide Reg. 7 of 1963,

Section 3 — and Schedule I. The Act has been amended in We st Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil

s. 3 and Schedule I. The Act has been amended in We st Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979.