Section 113 IEA: Proof of cession of territory

Indian Evidence Act, 1872

Section 113 IEA at a Glance

Section 113 IEA dealt with proof of cession of territory. It has no corresponding section in the BSA, which replaced the IEA from 1 July 2024.

Section 113 IEA Bare Act Text

113. Proof of cession of territory

A notification in the Gazette of India that any portion of British territory has before the commencement of Part III of the Government of India 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.

Source: Section 113, Indian Evidence Act, 1872

Section 113 IEA in Simple Words

Section 113 of the Indian Evidence Act, 1872 explains how to prove a cession (the formal handing over of territory) in court. A party can rely on a Gazette of India notification to establish that the transfer took place.

The rule covers any portion of British territory that was ceded to a Native State, a Prince, or a Ruler. The transfer must have occurred before Part III (Government of India Act, 1935) commenced.

When such a notice appears in the Gazette of India, the court must treat the notice as conclusive proof (final proof of the fact). The notification proves that a valid cession happened on the date stated in that notice.

When Section 113 IEA Applies

  • A notice is published in the Gazette of India.
  • The notice concerns a portion of British territory transferred before Part III (Government of India Act, 1935) commenced.
  • The territory was handed over to a Native State, a Prince, or a Ruler.
  • The court accepts the notice as conclusive proof of a valid cession on the date stated in that notice.

Example of Section 113 IEA

In 2020, Ramesh files a property suit in a court in Jaipur where the dispute turns on whether a tract of British territory was validly ceded to a Native State on a specific date before Part III (Government of India Act, 1935) commenced. To prove the transfer, Ramesh produces a Gazette of India notification stating that the tract was handed over to the Native State on that date. Under Section 113 IEA, the court treats the notice as conclusive proof of a valid cession of the tract to the Native State on the date stated in the notification.

No Corresponding BSA Section

No BSA section

Section 113 of the Indian Evidence Act, 1872 was not carried into the BSA. It dealt with notifications of cession of British territory, and there is no counterpart.

FAQs on Section 113 IEA

What is Section 113 IEA?▼

Section 113 of the Indian Evidence Act, 1872 is a rule on proving the cession (formal transfer) of British territory to a Native State, a Prince, or a Ruler. It makes a Gazette of India notification conclusive proof of a valid cession before Part III (Government of India Act, 1935) commenced.

What document proves a cession of territory under Section 113 IEA?▼

A notification published in the Gazette of India proves the transfer. Under Section 113 IEA, that notice serves as conclusive proof of a valid cession on the date stated in the notice.

Which transfers of territory are covered by Section 113 IEA?▼

Transfers of any portion of British territory to a Native State, a Prince, or a Ruler are covered. The cession must have occurred before Part III (Government of India Act, 1935) commenced.

What is Section 113 IEA in BSA?▼

The BSA has no corresponding section for Section 113 IEA. Section 113 IEA provided that a Gazette of India notification was conclusive proof of a valid cession of British territory to a Native State, a Prince, or a Ruler before Part III (Government of India Act, 1935) commenced.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·