Indian Evidence Act 1872 Important Sections, Amendments
Indian Evidence Act 1872: The Indian Evidence Act 1872 defines and consolidates the law of evidence in the Indian law framework. The Act has been amended numerous times over the years. The article provides insights into the important provisions and amendments of the Indian Evidence Act, 1872 along with landmark judgements.
The Indian Evidence Act came into force on September 1, 1872. The act consists of 167 sections and 11 chapters. There have been multiple amendments to this Act, with the most recent one being introduced on October 31, 2019. Here is an overview of the Indian Evidence Act, 1872:
Particulars | Details |
Name of the Act | The Indian Evidence Act, 1872 |
Enacted On | 15 March 1872 |
Came into force on | September 1, 1872 |
Preamble to the Act | Present |
Total Parts | 3 |
Part 1 | Relevancy of Facts |
Part 2 | On Proof |
Part 3 | Production and Effect of Evidence |
Total Chapters | 11 |
Total Schedules to the Act | One (repealed) |
Total Sections | 167 |
The term ‘evidence’ refers to anything of value that can be shown to a court of law in order to establish the veracity of any claim or assertion of fact that is the subject of an investigation. Evidence comes from the Latin word ‘evidere’, which means to verify or demonstrate clearly as proof of anything. Proof, or the quality of providing evidence, is a term that may only be used in reference to the things themselves.
According to Sir Blackstone, “evidence” is anything that “illustrates, clarifies, learns the actuality of contemporary situations, or concentrates on one side of an issue.” Sir Taylor defines the Law of Evidence as the means through which the veracity of an argument is established or disproved by court investigators.
The word ‘evidence’ originally meant something that is simple, obvious, or well-known. It is used to characterise something that tends to produce proof or evidence. The evidential fact is one that tends to establish the principal fact, which is the one that needs to be proved. Therefore, everything that tries to confirm or refute the reality of a claimed fact is considered evidence. When a party asserts the existence of a fact, they must provide evidence for it, while the other party must show that the fact does not exist.
Section 3 of the Evidence Act of 1872 defines evidence as ‘all such statements which the court allows or requires to be put before it by the witnesses in connection with questions of fact under inquiry’. We call these pieces of paper “oral evidence.” All relevant documents allowed by the court to be examined, including any electronic records. We call these pieces of paper “documentary evidence.”
The Indian Evidence Act, 1872 is a noteworthy legislative act. The definition of the law of evidence in Indian law is narrow and limited. The act states that ‘evidence’ only refers to the procedures by which the Court is provided with pertinent, relevant, and sufficient facts and is convinced of their veracity. Therefore, any confession or statement of any accused individual during a trial, in addition to the statements of witnesses and documents given for the examination of the court.
In order to establish and govern the appropriate protocol and process of judicial and quasi-judicial proceedings, the Law of Evidence is essential. As a result, the rules regarding the admissibility of evidence are very important. Section 3 provides a comprehensive definition of a court in the Indian Evidence Act 1872, including the delegation of power to judges, magistrates, and anyone else with an exception to arbitrariness who is legitimately entitled to accept the evidence.
An essential piece of legislation in the Indian legal framework, the Indian Evidence Act of 1872, defines the admissibility of evidence in court and specifies the law of evidence for different circumstances. The acknowledged validity of evidence in Indian law was modified by this act. Prior to the Indian Evidence Act, a person’s social standing in Indian society determined whether or not their evidence was admissible. The law of evidence is governed by the adjective law and not by the substantive or procedural law, which defines the manner and process by which substantive laws are applied.
The opposing parties present evidence to refute one another’s claims, and this area is governed by the law of evidence in Indian litigation. It covers both criminal and civil law. Evidence law is a necessary precondition for any trial, whether civil or criminal. Rearranging and reconstructing the events that happened and are under dispute, scientifically is the purpose of evidence law. Providing justice truthfully and serving as a useful instrument in the process of gathering facts is the aim of evidence law. Two key principles in the evidence law that are the essence of the law of evidence are relevancy and admissibility. Relevance and admissibility, are often used terms in the legal profession and are used interchangeably. The Indian Evidence Act came into force on September 1, 1872. The act consists of 167 sections and 11 chapters. There have been multiple amendments to this Act, with the most recent one being introduced on October 31, 2019.
The Indian Evidence Act of 1872 consolidates, defines, and amends the law of evidence in India. It extends to the whole of India. The Act applies to all judicial proceedings in or before any Court in India, including Courts-martial (except those convened under the Army Act, Naval Discipline Act or the Indian Navy Discipline Act, 1934, or the Air Force Act) but not to affidavits presented to any Court or officer or proceedings before an arbitrator.
The Relevancy of Facts part contains 51 sections starting from Section 5 to Section 55. Section 6 discusses the relevance of facts that are part of the same transaction. Facts that constitute the occasion, cause, or effect of the facts in issue are discussed under Section 7. Section 11 mentions Facts not otherwise relevant and Facts that amount to admission under Sections 17 to 23 and 31.
Facts are statements, under certain circumstances Section 34 to 38. Judgments of Courts are from Sections 40 to 44. It is based on the Latin maxim, Nemo Debet Bis Vexari Pro Una Et Eadem Causa i.e. States that no one can be punished twice for the same offence and Interest Republicae Sit Finis Litium that it is in the best interests of the state to put an end to litigation. It is based on public policy and ensures that lawsuits do not go on for too long.
Section 45 to 51 establishes the relevance of third-party opinions, which is usually referred to in day-to-day activity as an expert’s opinion. Sections 62 to 66 deal with primary and secondary evidence and specify that primary evidence of documents must be provided before mentioning the cases in which secondary evidence may be given.
Sections 101 to 114A address the issue of the burden of proof. They state that in certain cases, the burden of establishing a fact falls on a certain person. Section 114 provides that the Court may presume the existence of certain facts that should occur in the normal course of natural phenomena, human action, and public and private business without requiring proof. In, Tukaram vs. Maharashtra, 1979, Section 114-A of the Indian Evidence Act was introduced after this verdict.
Sections 115 to 117 deal with the issue of estoppel, another rule of leading evidence. These provisions prohibit a person from giving false evidence by preventing them from making contradicting statements in a Court of Law.
The competency of those who can testify as witnesses is covered under Sections 118, 119, 120 and 133. A witness may be competent but not compellable, which means that the Court cannot compel him to testify. A court cannot compel foreign ambassadors and sovereigns to appear before it to testify. The examination, cross-examination, and re-examination-in-chief of witnesses are covered in Sections 135 to 139. Section 167 states that there will be no new trial for the improper admission or rejection of evidence.
The Act has been amended numerous times over the years. The table below enlists amendments:
No. | List of amendments to the Indian Evidence Act 1872 |
1. | The Indian Evidence (Amendment) Act, 1872 |
2. | The Indian Evidence Act, 1872 Amendment Act, 1887 |
3. | The Indian Evidence Act, 1872 Amendment Act, 1891 |
4. | The General Clauses Act, 1897 |
5. | The Indian Evidence Act, 1899 |
6. | The Repealing and Amending Act, 1914 |
7. | The Repealing and Amending Act, 1919 |
8. | The Indian Evidence (Amendment) Act, 1926 |
9. | The Repealing and Amending Act, 1927 |
10. | The Repealing Act, 1927 |
11. | The Amending Act, 1934 |
12. | The Government of India (Adaptation of Indian Laws) Order, 1937 |
13. | The Repealing Act, 1938 |
14. | The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 |
15. | The Repealing and Amending Act, 1949 |
16. | The Adaptation of Laws Order, 1950 |
17. | The Part B States (Laws) Act, 1951 |
18. | The Criminal Law (Amendment) Act, 1983 |
19. | The Terrorist Affected Areas (Special Courts) Act, 1984 |
20. | The Dowry Prohibition Act, 1986 |
21. | The Information Technology Act, (21 of 2000) |
22. | The Indian Evidence (Amendment) Act (4 of 2003) |
23. | The Criminal Law Amendment Act, 2005 |
24. | The Information Technology (Amendment) Act, 2008 (10 of 2009) |
25. | The Criminal Law (Amendment) Act (13 of 2013) |
26. | The Criminal Law (Amendment) Act, 2018 |
27. | The Jammu and Kashmir Reorganisation Act, 2019 |
The Indian Evidence Act came into force on September 1, 1872.
The latest amendment to the Indian Evidence Act were The Criminal Law (Amendment) Act, 2013. The Criminal Law (Amendment) Act, 2018.
The Indian Evidence Act 1872 is a prominent legislation that establishes rules and guidelines for the admissibility and evaluation of evidence in the Indian legal framework.
The father of the Indian Evidence Act, 1872 is Sir James Fitzjames Stephen who played a key role in drafting and enacting the Indian Evidence Act.
The purpose of the Indian Evidence Act is to define the permissibility of evidence in Indian courts, including defining evidence, provisions regarding the relevancy of evidence, and provisions regarding the examination of evidence.
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