Indian evidence act,1872

what is evidence it nature history

1. INDIAN EVIDENCE ACT,1872 ACT 1 OF 1872

2. MEANING OF THE WORD ‘EVIDENCE’ Derived from Latin word ‘evidera’ It means ‘ to ascertain or to prove’. Phipson : Evidence means oral or documentary, which may be legally received in order to prove or disprove some facts in dispute. SECTION 3 in Indian Evidence Act defines the word evidence in detail.

3. History of INDIAN EVIDENCE ACT,1872 The origin of the concept of evidence can be traced back to the Ancient Hindu Period , for that Hindu Dharma Shastra has to be referred. Dharma Shastra states the following evidence : LEKHYA(DOCUMENT): Rajya Sakshyak Sakhshyak Asakhshyak SAKSHI BHUKTI DIVYA

4. History of INDIAN EVIDENCE ACT ,1872 For the Ancient Muslim Period , it is often said that there was a very developed real concept regarding any highly developed Muslim rules of evidence. Types : ORAL AND DOCUMENTARY DEMEANOR OF WITNESS: Emperor Shah Jahan’s case of a SCRIBE EXAMINATION OF WITNESSES(Examination and Cross Examination) CIRCUMSTANTIAL EVIDENCE

5. History of INDIAN EVIDENCE ACT ,1872 Before this time, the rules of evidence were based upon the local and traditional legal systems of different social groups residing in India. After the advent of British East India Company in the dominion of India, it was granted royal charter by King George I in 1726 to establish Mayor’s courts in Bombay, Madras and Calcutta. Enactment of Indian Evidence Act 1872 First act enacted by Governor General and also some series of act between 1835 to 1855

6. Continued….. MAINE COMMISSION under SIR HENRY MAINE. STEPHEN’S COMMISSION under Sir James Fitzjames Stephen. He is called the Founding father of the ACT The enactment of this act is known as the path-breaking judicial measure introduced in India which changed the entire system of Indian judiciary. The whole judicial system gets changed after the enactment of this act because before there was no codified rule or set up rules and regulation for taking evidence. This act is based on the English law of Evidence. It is not exhaustive in nature. The Indian Evidence Act is LEX FORI Law which means the law of the place where the proceeding is being taken.

7. STRUCTURE OF THE ACT The Indian Evidence Act is the act number 1 of 1872 The Evidence act came into force from 1 st  September 1872 The whole act comprises of total 167 section and 11 Chapters.  All the definitions, methods related to evidence and how the Law of evidence in consolidated is included in this Act. Law of evidence is Procedural Law but it also has some part of Substantial Law.

8. PARTS AND CHAPTERS PART 1- Relevancy of Facts : CHAPTER 1- PRELIMINARY (SECTION 1-4). This chapter gives provision regarding application and applicability. CHAPTER 2- OF THE RELEVANCY OF FACTS (SECTION 5-55). This chapter gives provision regarding that in which all situation evidence shall be taken. PART 2- On Proof: CHAPTER 3- FACTS WHICH NEED NOT BE PROVED (SECTION 56-58). This chapter gives provision regarding those facts which need not be proved in front of the court. Any fact which court already knows or there is no requirement to acknowledge court about these facts. CHAPTER 4- OF ORAL EVIDENCE (SECTION 59-60). CHAPTER 5- OF DOCUMENTARY EVIDENCE (SECTION 61-90). CHAPTER 6- OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE (SECTION 91-100) . Where oral or documentary evidence can be excluded. PART 3- Production and effect of evidence: CHAPTER 7- OF THE BURDEN OF PROOF (SECTION 101-114). CHAPTER 8- ESTOPPEL (SECTION 115-117). CHAPTER 9- OF WITNESSES (SECTION 118-134). CHAPTER 10- OF THE EXAMINATION OF WITNESS (SECTION 135-166). CHAPTER 11- OF THE IMPROPER ADMISSION AND REJECTION OF EVIDENCE (SECTION 167).

9. Course Topics Introduction to Indian Evidence Act, 1872 Admissions & Confessions Relevancy of Statements, Relevancy of Judgments, relevancy of character and Opinion Evidence Documentary and oral evidence Burden of proof and E stoppel Witnesses and admission of evidence