Evidence Act · Chapter VII · Of the burden of proof
Evidence Act section 113, “Proof of cession of territory”, was not carried into the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Evidence Act on 1 July 2024.
Not carried into the BSA. The section made a notification about cession of British territory to a Native State conclusive proof.
Indian Evidence Act, 1872
A notification in the Gazette of India that any portion of British territory has Act, 1935 (26 Geo. 5, c. 2) been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
