CriminalAct No. 1 of 1872Repealed

The Indian Evidence Act, 1872

This act has been repealed and replaced by Bharatiya Sakshya Adhiniyam, 2023. It may still be referenced in ongoing matters. This reference is maintained for academic and archival purposes.

The Indian Evidence Act governed the admissibility of evidence in all Indian courts from 1872 until its replacement by the BSA in July 2024. Drafted by Sir James Fitzjames Stephen, it codified the law of evidence with provisions on relevancy, admissibility, burden of proof, presumptions, confessions, and examination of witnesses. Continues to apply to proceedings commenced before 1 July 2024.

Sections

167

Ministry

Ministry of Law and Justice

Last Amended

2019-08-09

Key Provisions

→Relevancy of facts — direct, circumstantial, and corroborative evidence

→Admissions and confessions — binding and exclusionary rules

→Dying declarations and their evidentiary value

→Documentary evidence — primary and secondary

→Electronic records: amendment recognising them as documentary evidence

→Burden of proof — who must prove, and standard of proof

→Examination-in-chief, cross-examination, and re-examination

→Privilege communications — legal professional privilege

Related Practice Areas

criminal-defence commercial-litigation

evidence actadmissibilityconfessiondying declarationburden of proofwitness

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.