An introduction to the Law of Evidence in India

This article titled ‘An introduction to the Law of Evidence in India’ is written by Saumya Chowdhary and provides an introduction to the law of evidence.

I. Introduction

In order to trace the history of the Law of Evidence in India, we have to see three different periods: Ancient Hindu Period, Ancient Muslim Period, and British Period.

1. Ancient Hindu Period

It was that period when Hindu Raj was there, and the source of information relating to the Law of Evidence was derived from DHARMA SHASTRAS. At that time when the Ancient Hindu Period was there, kings were the judges of the court, and the court was situated in the royal palaces in the capital city. King was the judgment maker with the advice of their adviser and the king’s judgment was the final judgment. The court in Ancient India was not bounded by any technical proceeding for doing justice to the aggrieved person. The basic consideration was upholding Dharma.

Three types of Evidence recognized that time were-

1. LEKHYA- Documentary Evidence
2. SAKSHI- Witness
3. BUKHTHI- Possession.

2. Ancient Muslim Period

In this regard, the law of evidence was discussed in the book MUSLIM JURISPRUDENCE written by SIR ABDUL RAHIM. During this period the Muslim king and emperor established the judicial dispute resolution system according to Islamic law which was purely based upon the Holy Quran. Generally, qazi’s were preferred to decide the dispute.

Two types of Evidence recognized that time were-

1. Oral
2. Documentary.

3. British Period

The Evidence Act was originally passed by the British Parliament in 1872. It contains a set of rules and regulation which governs the admissibility of any evidence in the courts of law. The concept of Admissibility of any evidence in courts of law was totally changed in British India after the introduction of the Evidence Act.

Before the introduction of this Act, the rules of Evidence were basically based on traditional legal systems of different social groups and communities of British India and were different for every person who was of a different caste and religion. The Evidence Act of 1872 is mainly based upon the work by Sir James Fitzjames Stephen. He is also known as the founding father of this Act.

II. Introduction to Indian Evidence Act 1872

In India, the Law of Evidence is a very important part of both the system that is civil and criminal. The enactment of this act is known as the path-breaking judicial measure introduced in India which changed the entire system of the 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 regulations for taking evidence.

This act is based on the English law of Evidence. It is not exhaustive in nature. An example of its non-exhaustive nature is that of 2010, when the Information Technology Act came into existence and the Indian Evidence Act got amended with all the electronic records, now being recognized as evidence.

The word Evidence is derived from the Latin word EVIDEARI which means to show clearly or to prove. The Indian Evidence Act is Lex Fori Law which means the law of the place where the proceeding is being taken.

The Indian Evidence Act is act number 1 of 1872. The whole act comprises of total 167 sections and 11 Chapters. The Evidence act came into force on 01st September 1872. All the definitions, methods related to evidence and how the Law of evidence is consolidated, is included in this Act. It is applicable all over India.

This act is not applicable to army law, naval law, disciplinary act, and all the affidavits which are presented in front of officers or the courts. This act is applicable to only the court proceedings.

The Law of evidence is Procedural Law but it also has some part of Substantial Law. For Example Doctrine of Estoppel.

The Act has been divided into 3 parts

1. Part 1- Relevancy of Facts

1. CHAPTER 1- PRELIMINARY (SECTION 1-4). This chapter gives provisions regarding application and applicability.
2. CHAPTER 2- OF THE RELEVANCY OF FACTS (SECTION 5-55). This chapter gives provision regarding that in which all situation evidence shall be taken.

2. Part 2- On Proof

1. CHAPTER 3- FACTS WHICH NEED NOT BE PROVED (SECTION 56-58). This chapter gives provisions 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.
2. CHAPTER 4- OF ORAL EVIDENCE (SECTION 59-60).
3. CHAPTER 5- OF DOCUMENTARY EVIDENCE (SECTION 61-90).
4. 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

1. CHAPTER 7- OF THE BURDEN OF PROOF (SECTION 101-114).
2. CHAPTER 8- ESTOPPEL (SECTION 115-117).
3. CHAPTER 9- OF WITNESSES (SECTION 118-134).
4. CHAPTER 10- OF THE EXAMINATION OF WITNESS (SECTION 135-166).
5. CHAPTER 11- OF THE IMPROPER ADMISSION AND REJECTION OF EVIDENCE (SECTION 167).

Edited by- Akriti

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References

1. SCC Online
2. Law Of Evidence By Avatar Singh

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination