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Indian Evidence Act, 1872

Section 136

Judge to decide as to admissibility of evidence

Quick Answer Reference: Section 136 IEA

  • Provision: Section 136 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 136 of IEA say?

When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.

Indian StandardSection 136, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 136 (India)
Court Pleading StandardSection 136 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/136

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 136 IEA

What is Section 136 of IEA?

Section 136 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Judge to decide as to admissibility of evidence". The section states: When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; a...

Landmark Case Laws

Landmark Judgments under Section 136 IEA

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 136