The law of evidence is fundamentally a procedural law but in certain parts it acts as substantive law as well.

According to the Act, evidence may be provided in any suit or procedures of the existence or absence of all
the fact in issue & other facts that are proclaimed to be important. Word evidence derived from Latin word
evident or evidere, means "to show clearly, to discover clearly; to ascertain; to prove" In all civilized countries
of the world, the law of evidence is based on the following two basic axioms, (i) No facts other than those
having some connection with the matter in controversy should be gone into by the Court. In other words, only
facts having a rational probative value should be admitted in evi-dence. (ii) All facts having rational probative
value are admissible in evidence unless excluded by some rule of paramount importance, as for instance, a
confession made by a client to his advocate. Following study of the Act shows three main principles of law of
evidence(i) Evidence must be confined to the matters in issue. (ii) Hearsay evidence must not be admitted. (iii)
The best evidence must be given in all cases. (b) Law of Evidence is Lex Fori-It may be noted that the matters
of evidence are governed by the lex fori i.e., the law of the forum or court in which a case is tried. Whether a
witness is competent or not, whether a certain matter requires to be proved by writing or not, whether
certain evidence proves a certain fact or not, are all to be determined by the law of the country where the
question arises, i.e., where the remedy is sought to be enforced, & where the Court sits to enforce it. [Bain Vs.
W. & F. Rail Co. (1850 3 H.L.C.I.)]. Indian Evidence Act 1872 (Sep. 1, 1872.) is divided in3 parts, 11 chapters &
comprises 167 sections. Part I of the act deals with the Relevancy of facts, Part II deals with proof & the
various kinds of evidence & Part III deals with the Production & Effect of evidence. Court includes all Judges &
Magistrates, & all persons, except arbitrators, legally authorized to take evidence. Fact means-1-anything,
state of things, or relation of things, capable of being perceived by the senses; 2-any mental condition of
which any person is conscious.

The law of evidence is fundamentally a procedural law but in certain parts it acts as substantive law as well.
According to the Act, evidence may be provided in any suit or procedures of the existence or absence of all
the fact in issue & other facts that are proclaimed to be important. Word evidence derived from Latin word
evident or evidere, means "to show clearly, to discover clearly; to ascertain; to prove" In all civilized countries
of the world, the law of evidence is based on the following two basic axioms, (i) No facts other than those
having some connection with the matter in controversy should be gone into by the Court. In other words, only
facts having a rational probative value should be admitted in evi-dence. (ii) All facts having rational probative
value are admissible in evidence unless excluded by some rule of paramount importance, as for instance, a
confession made by a client to his advocate. Following study of the Act shows three main principles of law of
evidence(i) Evidence must be confined to the matters in issue. (ii) Hearsay evidence must not be admitted. (iii)
The best evidence must be given in all cases. (b) Law of Evidence is Lex Fori-It may be noted that the matters
of evidence are governed by the lex fori i.e., the law of the forum or court in which a case is tried. Whether a
witness is competent or not, whether a certain matter requires to be proved by writing or not, whether
certain evidence proves a certain fact or not, are all to be determined by the law of the country where the
question arises, i.e., where the remedy is sought to be enforced, & where the Court sits to enforce it. [Bain Vs.
W. & F. Rail Co. (1850 3 H.L.C.I.)]. Indian Evidence Act 1872 (Sep. 1, 1872.) is divided in3 parts, 11 chapters &
comprises 167 sections. Part I of the act deals with the Relevancy of facts, Part II deals with proof & the
various kinds of evidence & Part III deals with the Production & Effect of evidence. Court includes all Judges &
Magistrates, & all persons, except arbitrators, legally authorized to take evidence. Fact means-1-anything,
state of things, or relation of things, capable of being perceived by the senses; 2-any mental condition of
which any person is conscious.

The law of evidence is fundamentally a procedural law but in certain parts it acts as substantive law as well.
According to the Act, evidence may be provided in any suit or procedures of the existence or absence of all
the fact in issue & other facts that are proclaimed to be important. Word evidence derived from Latin word
evident or evidere, means "to show clearly, to discover clearly; to ascertain; to prove" In all civilized countries
of the world, the law of evidence is based on the following two basic axioms, (i) No facts other than those
having some connection with the matter in controversy should be gone into by the Court. In other words, only
facts having a rational probative value should be admitted in evi-dence. (ii) All facts having rational probative
value are admissible in evidence unless excluded by some rule of paramount importance, as for instance, a
confession made by a client to his advocate. Following study of the Act shows three main principles of law of
evidence(i) Evidence must be confined to the matters in issue. (ii) Hearsay evidence must not be admitted. (iii)
The best evidence must be given in all cases. (b) Law of Evidence is Lex Fori-It may be noted that the matters
of evidence are governed by the lex fori i.e., the law of the forum or court in which a case is tried. Whether a
witness is competent or not, whether a certain matter requires to be proved by writing or not, whether
certain evidence proves a certain fact or not, are all to be determined by the law of the country where the
question arises, i.e., where the remedy is sought to be enforced, & where the Court sits to enforce it. [Bain Vs.
W. & F. Rail Co. (1850 3 H.L.C.I.)]. Indian Evidence Act 1872 (Sep. 1, 1872.) is divided in3 parts, 11 chapters &
comprises 167 sections. Part I of the act deals with the Relevancy of facts, Part II deals with proof & the
various kinds of evidence & Part III deals with the Production & Effect of evidence. Court includes all Judges &
Magistrates, & all persons, except arbitrators, legally authorized to take evidence. Fact means-1-anything,
state of things, or relation of things, capable of being perceived by the senses; 2-any mental condition of
which any person is conscious.