THE INDIAN EVIDENCE ACT, 1872

Introduction

The Indian evidence act is most important pillars amongst all the law. It has been enacted to
reveal the object behind a particular act committed.

The corpus juris or body of laws is generally divided into two types of laws- Substantive
laws and Adjective laws. Simply put, substantive laws are those laws which define certain
rights and liabilities and adjective laws are those which facilitate the realization of those
rights and liabilities.
Adjective laws are further divided into procedural laws and law of Evidence. Law of
Evidence has been recognized as a distinct category because it consists of elements of both
substantive as well as procedural law.

In 1868 Mr. Henry Sumner Maine prepared a draft bill of law of evidence, but it was
abandoned as it content was not suitable for the country. In 1871 Mr. Stephen prepared a new
draft which was passed and acknowledged as act of Indian evidence act 1872.

Meaning and Definition

The word ‘evidence’ is derived from the Latin word evidera which means to discover clearly,
to ascertain or to prove.

In simple terms, ‘Evidence’ can be said to be something that either proves or disproves the
existence of a particular fact.

Taylor describes evidence as “all means which tends to prove or disprove any matter, fact,
the truth which is submitted to judicial investigation.

Phipson describe evidence means testimony, weather oral or documentary or real, which may
be legally received in order to prove or disprove some fact in dispute.

Object of the Indian evidence act

The main object of the act is to prevent the inaccuracy in the admissibility of evidence and to
introduce a more correct and uniform rule of practise.

The main principles which form the foundation of law of evidence are:-

 Evidence must be confined to the matter in issue.

 Hearsay evidence must not be admitted.

 Best evidence must be given in all cases.

The Evidence act is a procedural law because it is connected with the mode of proving a
particular fact, whether a particular offence has been committed by particular person or not.

The law of evidence help the judge to separate wheat from chaff amongst the mass of the fact
that is brought before them.
Date of enforcement of the act.

The provision of this act came into existence from the 1st day of September 1872.

This act is divided into 3 parts and there are 11 chapters 167 sections.