UNIT I

INTRODUCTION TO INDIAN
EVIDENCE ACT, 1872
 Course Outline

Introductory:
Understanding the main features of the Indian
Evidence Act 1872 and comparing it with English
law.
Commencement- 15th March 1872
Enforcement- 1st September 1872
Total 3 Parts, 11 Chapters, 167 Sections
The law of evidence attempts to answer are the
following:

1. What kind of facts may be proved in order to

establish the existence or non-existence of a fact in
issue?
2. What kind of proof is to be given of those facts?
3. Who is to give that proof?
4. How is that proof to be given?
The cardinal principle of the law of evidence-

“Evidence must be confined to the matters in issue”

It is qualified by the following these fundamental

principles:-
 i) Evidence should be given on fact in issue and relevant fact only.
 ii)Hearsay evidence is not to be admitted.
 iii) In all cases, the best evidence must be given.
 iv)Only relevant facts are admissible but not all relevant facts are
admissible.
 Why Evidence Law?

 Circumstances in real life are so complex that it is often not easy to

discover what is the best evidence; and, even if one could determine what
is the best evidence, necessity might demand the substitution of the
second best evidence in its place, in a particular case.

 Rules as to evidence and proof are intended to attain one or more of the
following objects, with a view to the ascertainment of truth, namely,
 (1) to limit the discretion of judges in declaring facts as proved or
disproved,
 (2) to provide for speedy decisions and, at the same time, to guard the
judges from error,
 (3) to preclude needless vexation and expense in coming to decisions' and
 (4) to preclude injury to the State or the public.
 LEX FORI
 Law of evidence is part of the law of procedure. That why it is called the
lex fori or the law of the court or forum.
 It means that Indian courts know and apply only the Indian law of evidence.

 Thus, the competency of a witness, whether a fact is proved or not is

determined by the law of the country where the question arose, where
the remedy is sought to be enforced and where the court sits to enforce
it.

 For example, if a legal proceeding is going on in Sri Lanka and evidence

is taken in India for the said proceeding whether by commission or by
assistance of courts in India, the laws which will be applied during such
recording of evidence will Sri Lankan Law of Evidence.
 Preamble

WHEREAS it is expedient to consolidate, define

and amend the law of Evidence; It is hereby
enacted as follows:—
 Section 1. Short title—

 This Act may be called the Indian Evidence Act, 1872.

Extent.–It extends to the whole of India and applies to all

judicial proceedings in or before any Court, including
Courts-martial,
 other than (EXCLUSIONS)
 Courts-martial convened under
 the Army Act (44 & 45 Vict., c. 58)]

 the Naval Discipline Act [29 & 30 Vict., 109]; or the Indian Navy
(Discipline) Act, 1934 (34 of 1934),]
 or the Air Force Act (7 Geo. 5, c. 51)]
 not to affidavits presented to any Court or officer,
 or to proceedings before an arbitrator;
 Judicial proceedings: A judicial proceeding is one in the course of
which evidence is or may be legally taken on oath [Section 2(i) of Code
of Criminal Procedure]

 Examples of Judicial Proceedings

 An execution proceeding
 Inquiries under Sections 97, 145, 340 of the CrPC. Proceeding under
Chapter IX of the Cr.PC.
 An inquiry by a magistrate into the truth of the allegation contained in
a petition.

 Following are held not to be Judicial proceedings

 A contempt proceeding
 A departmental inquiry
 Order passes under section 452 CrPC.
 Applicability of Indian Evidence Act, 1872

 Court martial- Act applies to court martial proceedings other than the court martial
convened under the Army Act, the Naval Discipline Act, or the Indian Navy
(Discipline) Act 1934 or the Air Force Act.
 Evidence law applies to all native court martial but not to foreign court martial.

 Affidavits- not bound to follow the technical rules of evidence - principles of natural
justice.

 “An affidavit is a written statement made voluntarily by an affiant or deponent

under an oath administered by a person who is legally authorized to do so.
Affidavits are confined only to those facts which the deponent is able of his own
knowledge to prove. An affidavit filed by a party cannot be termed as evidence.”
 Affidavits cannot be used in evidence. It can only be used if the Court permits to be used for
sufficient reasons.

 Arbitration proceedings- not bound to follow the technical rules of evidence-

principles of natural justice applicable.
 Administrative Tribunals- not bound to follow the technical rules of evidence -
but principles of natural justice applicable

 Commission of inquiry-not bound to follow the technical rules of evidence - but

principles of natural justice applicable

 Income tax tribunals- certain powers of civil court exercised in certain specified
matter-judicial proceedings only for limited purposes- bound to follow the
technical rules of evidence for limited purpose.

 Election tribunals- bound to follow the technical rules of evidence-subject to the

provisions of the Representation of Peoples act Industrial tribunals- deemed to
be judicial proceedings bound to follow the technical rules of evidence

 Departmental proceedings- not bound to follow the technical rules of evidence -

but principles of natural justice applicable
Part of this section has become redundant and both
69th and 185th Law Commission Report has
recommended to delete following part of this
section-

 “other than Courts-martial convened under the Army Act (44 &
45 Vict., c. 58), the Naval Discipline Act (29 & 30 Vict., c. 109)
or the Indian Navy (Discipline) Act, 1934 or the Air Force Act
(7-Geo. 5, c 51).”
 The Army Act, 1881 was repealed in its application to India by the British
Statutes (Application to India) Repealing Act, 1960 (Act 57 of 1960);

 Similarly, the Indian Navy (Discipline) Act, 1934, when it was adapted by
the Adaptation of Laws Order, 1950, ceased to refer to the (English)
Naval Discipline Acts.
 The current legislation occupying the field is the Navy Act, 1957 which, in sec. 186
thereof, repealed the earlier law.

 The Air Force Act, 1917 has also been repealed in its application to India,
by the British Statutes (Application to India) Repealing Act, 1960.

 Further, sec. 133 of the Army Act 1950, sec. 132 of the Air Force Act, 1950
and sec. 130 of the Navy Act, 1957 apply the provisions of the Evidence
Act, 1872 subject to the provisions of these Acts.
 GENERAL OUTLOOK OF THE ACT

Part I RELEVANCY OF FACTS

Chapter I- Preliminary: This chapter contains

definitions and general provisions that set the
foundation for the application of the act.

Chapter II- Relevancy of Facts: It deals with the

admissibility and relevance of evidence in court
proceedings.
  Part II ON PROOF

 Chapter III- Facts Which Need Not be Proved: This chapter outlines
certain facts that do not require proof in court and are considered self-
evident.

 Chapter IV- Oral Evidence: It governs the rules related to the

admissibility and weight of oral testimony.

 Chapter V- Documentary Evidence: This chapter covers the admissibility

and proof of documents as evidence.

 Chapter VI- Presumptions as to Documents: It deals with the

presumptions that can be made regarding documents in certain situations.
  Part III PRODUCTION AND EFFECT OF EVIDENCE

 Chapter VII- Production and Effect of Evidence: This chapter

focuses on the production and admissibility of evidence in
different circumstances.
 Burden of Proof: It discusses the burden of proof and the shifting of burden in
different types of cases

 Chapter VIII-Estoppel: This chapter focuses on when witness

would bes estopped from proving otherwise.

 Chapter IX- Witnesses: This chapter provides the rules

regarding the examination and cross-examination of witnesses.
Chapter X- Examination of Witnesses: It elaborates
on the different methods of examining witnesses in
court proceedings.

Chapter XI- Improper Admission and Rejection of

Evidence: This chapter deals with situations where
evidence is improperly admitted or rejected in court.