The Indian Evidence Act, 1872 (IEA) was the primary law governing the admissibility of evidence in Indian courts until it was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) on July 1, 2024. It outlined rules for what evidence could be presented in judicial proceedings and how it should be evaluated.
Indian Evidence Act, 1872, was replaced by the Bharatiya Sakshya Adhiniyam (BSA), 2023, effective from July 1, 2024.
The IEA comprised 11 chapters and 167 sections. The outline of the Act is as follows:
| Chapters | Sections | Classification of Provisions |
|---|---|---|
| Chapter 1 | Sections 1 to 4 | Preliminary |
| Chapter 2 | Sections 5 to 55 | Relevancy of Facts Admissions and Confessions (17 to 31) Statements by Persons Who Cannot be Called as Witnesses (32 to 33) Relevancy of Certain Evidence (34 to 55) |
| Chapter 3 | Sections 56 to 58 | Facts Which Need Not be Proved |
| Chapter 4 | Sections 59 to 60 | Oral Evidence |
| Chapter 5 | Sections 61 to 90 | Documentary Evidence Public Documents (74 to 78) Presumptions as to Documents (79 to 90) |
| Chapter 6 | Sections 91 to 100 | Exclusion of Oral by Documentary Evidence |
| Chapter 7 | Sections 101 to 114A | Burden of Proof General Rules (101 to 106) Presumptions (107 to 114A) |
| Chapter 8 | Sections 115 to 117 | Estoppel |
| Chapter 9 | Sections 118 to 134 | Witnesses Competency of Witnesses (118 to 122) Privileged Communications (123 to 132) |
| Chapter 10 | Sections 135 to 166 | Examination of Witnesses Order of Examinations (135 to 140) Cross-Examination (141 to 146) Impeaching Credit of Witnesses (155 to 166) |
| Chapter 11 | Section 167 | Improper Admission and Rejection of Evidence |
The IEA was designed to:
The IEA, 1872 was the primary law governing the admissibility and evaluation of evidence in Indian courts until it was replaced by the Bharatiya Sakshya Adhiniyam, 2023, on July 1, 2024.
The IEA was enacted on March 15, 1872, came into force on September 1, 1872, and was replaced by the BSA on July 1, 2024.
The IEA aimed to:
The IEA covered oral evidence, documentary evidence (including electronic records post-2000), admissions, confessions, and witness testimonies.
The IEA outlined that the party asserting a fact must prove it (Sections 101-106), with specific presumptions like legitimacy of children (Section 112).
Post-2000 amendments, the IEA recognized electronic records as documentary evidence under Section 65B, with conditions for authenticity.
The IEA was replaced due to outdated provisions, challenges with electronic evidence, and the need for modern forensic and digital evidence rules.
The 2000 amendment introduced Section 65B for electronic evidence, aligning the IEA with the Information Technology Act, 2000.
Yes, the IEA applied to both civil and criminal judicial proceedings, governing evidence admissibility in all courts.
The full text, including all sections and details, is available on websites like indialawacts.in.
Disclaimer: The following chapters and sections are sourced from the Indian Evidence Act, 1872. This information is for educational purposes only; verify with official sources (e.g., India Code) for legal use. We are not liable for errors or consequences from use.