Notes -Indian Evidence Act 1872

Indian Evidence Act 1872 An Introduction (IEA)

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Indian Evidence Act 1872 An Introduction

What is Law of Evidence? ( Meaning of Evidence)

The word ‘evidence’ is derived from the Latin word evidens or evidere, which means “to show clearly; to make clear to the sight; to discover clearly; to make plainly certain; to ascertain; to prove”.

Evidence act contains a set of rules and regulations which govern the admissibility of any evidence in the court of law.

It decides:

“What facts may be proved and what may not be proved in such cases.
What sort of evidence must be given to a fact which may be proved and
By whom and in what manner the evidence must be given by which any fact is proved.”

The draft of the Indian Evidence act was prepared by Sir James Fitz- James Stephen in 1871 and was passed as act I of 1872.

Principles of Law of Evidence

(i). Best evidence must be given in all cases.
(ii). Evidence must be confined to the matter in issue.
(iii). Hearsay evidence must not be admitted.

Nature of the Act –

The Law of evidence is an Adjective law, “which describes the pleading and method by which substantive laws are implemented” and Law of evidence has retrospective effect.

The Legal Dictionary defines Adjectival law as:

Adjective law –“The aggregate of rules of procedure or practice. Also called adjectival law, as opposed to that body of law that the courts are established to administer (called substantive law),” it means the set of rules according to which the substantive law is administered.

Substaintive Law –Substaintive Law contains set of rules and regulations that govern society. It defines the rights and duties of the people.(Constitutional law, IPC)

Procedural Law – contains set of rules that help in enforcing substantive laws.

Law of Evidence is Lex Fori which means the law of Forum or Lex Fori means law of the Court.

The Indian Evidence Act is not exhaustive of the rules of evidence. For the interpretation of the sections of the act the court can look to the relevant english common law, but the law of evidence which is a complete code does not permit the importation of any principal of English common law relating to evidence in criminal cases to the contrary.

It is imperative. It is not open to any judge to exercise a dispensing power, and admit evidence, which is not admissible by the statute, because it appears to him that the irregular evidence would throw light upon the issue. The principles of exclusion of evidence adopted by the Act must be applied strictly and cannot be relaxed at the discretion of the court.

Need/ Relevance and functioning of the act –

It plays an important role in ascertaining the facts of a case in the process of delivering justice by court.
It lays down the principles and rules according to which facts of a case may be proved or disproved in the Court of Law.
It helps judges in deciding the rights and liabilities of the parties- arising out of the facts presented to him for further application of relevant laws.
It helps the courts in preventing the wastage of time upon ir-relevant issues.

What is the objective of Law of Evidence?

The main objective of law of evidence is to aid the court in judging what facts are relevant to decide the truth and to avoid the confusion and how such relevant facts will be proved in courts lawfully (Discover the truth).

The Preamble to the Act it is expedient to consolidate, define and amend the law of evidence law,

It is based on English Evidence Law with few exceptions. It applies to both civil and criminal proceedings. It is not complete (exhaustive) yet. If there is a provision in this Act on any particular point, then the court will have to follow the same. If there is any matter on which no provision is found, then the courts can apply the principles relating to the subject.

There are many statutes which supplement the Evidence Act Some of them are CrPC, CPC, Bankers book evidence act, Stamp act, Indian Limitation Act.

Historical background of law of evidence in India –

Hindu period

Lekhya means document,
Sakshi means oral evidence,
Bhukti or Bhog means in other words possession (the disputes relating to the possession of the agriculture land were known as Bhuktii. and
Divya means Divine tests or ordeals.

Islamic period

Oral
Direct
Hearsay
Documentary

Modern Period

In the Presidency Towns of Calcutta, Madras, and Bombay, english common law and statute law were established by the Charter of 1726. English law was enforced in these Presidency towns by the Courts established by the Royal Charter.

The Mofussil domains, or the regions outside the Presidency Towns, lacked a clear law of evidence. The laws of evidence were determined by customs and usages. The courts were given complete discretion regarding the admission of evidence. The law of evidence was not governed by any precise rules, hence the mofussil courts’ entire system of administering justice was in disarray.

In 1835, the Governor-General passed the first Act establishing the rules of evidence. A number of Acts were passed between 1835 and 1855 to successfully implement the reforms proposed by Jeremy Bentham. Act II of 1855 partially codified the law of evidence but it did not affect the practice in vogue in mofussil courts. In 1868, Mr. Maine ( afterwards Sir Henery Sumner) prepared a Draft Bill of the Law of Evidence, but it was abandoned as it was not suited to the country. In 1871, Mr. Stephen ( afterwards Sir James Fitz-James) prepared a new draft which was passed as Act I of 1872.