INDIAN EVIDENCE ACT,

1872
Prof. Y.F. Jayakumar
Professor of Law,
Maharashtra National Law University, Aurangabad
 INTRODUCTION
 It is a procedural law
 It is a lex fori (the law of the country where
the proceedings take place)
 It extends to whole of India except Jammu
and Kashmir
 It came into force on 1 September, 1872
 It consists of III parts XI chapters and 167
sections
INTRODUCTION
 It was drafted and piloted by Sir James
Stephen
 2 major amendments are made so far
i.e.1983 and 2000
 It does not applicable to affidavits, arbitration
proceedings, Court Martial proceedings under
the ARMY ACT
 It is not a complete Code of procedure
INTRODUCTION
 Supplements to the Indian Evidence Act
* Civil Procedure Code, 1908
* Criminal Procedure Code, 1973
* Banker’s Book Evidence Act, 1891
* Limitation Act, 1963
* Indian Divorce Act, 1869
* Indian Succession Act, 1925
* Indian Registration Act, 1908
* Stamps Act, 1899
* Transfer of Property Act, 1872
* Family Courts Act, 1984
* Any other law for the time being in force
 MEANING AND DEFINITION

 The word Evidence is derived from the latin term

‘Evidere’ which means :
 To make it clear, to show it clear, to prove it clear and to
establish it clear
 The purpose and the object is to prove or to
disprove the existence or non-existence of any fact in
order to discover the truth
 Further, it removes the ambiguity, confusion and
inconsistency created by certain facts
 SECTION 3 OF
THE INDIAN EVIDENCE ACT
 All statements that the court permits before it
in relation to enquiry of a fact i.e. oral
evidence
 All documents including electronic records
produced for the inspection of the court i.e.
documentary evidence
 CLASSIFICATION OF EVIDENCE
 ORAL EVIDENCE
 DOCUMENTARY EVIDENCE
 DIRECT EVIDENCE
 CIRCUMSTANTIAL EVIDENCE
 MATERIAL EVIDENCE
 HEARSAY EVIDENCE
 ORAL EVIDENCE
 Oral Evidence: Personal acknowledgment of
facts by words, verbal statements, visible
representation, gestures, signs or any other
form which can be communicated to the court
of law
Ex:- Oral Statements
Ex:- Gestures of dumb persons
 DOCUMENTARY EVIDENCE
 Any matter expressed or described upon any
substance by means of letters, figures or marks for
the purpose of recording the matter is called
document
 When the document is called for the inspection of
the court it is called documentary evidence
 When the original document is produced it is
called primary evidence
 When the copy of the original is permitted as
evidence. It is called secondary evidence
 DIRECT EVIDENCE
 When the principle fact is attested directly by
witnesses, things or documents
 This is also called real evidence, positive
evidence and eye witness
Ex.: A is tried for causing grievous hurt to B
with a club. C says that he saw the accused (B)
while inflicting the grievous hurt
 CIRCUMSTANTIAL EVIDENCE
 An evidence of circumstances or situations
actually led for happening of the principle fact
Ex.: Intention, motive, preparation, attempt,
place of offence and other facts which ensure
the happening of the alleged facts
 MATERIAL EVIDENCE
 An evidence of facts in the form of some
substance or material
Ex.: Poison bottle, blood stain clothes,
weapons used for commission of an offence
and stolen goods found in possession of the
accused
 HEARSAY EVIDENCE
 Information received by the witness with the
help of others without using his own senses
Ex.: Bystanders statements, pedestrian talks,
Public gossips, etc.
 FACT
 Fact means and includes anything or state of
things or relation of things capable of being
perceived by senses (Physical facts)
Ex.: Things can be perceived with 5 senses
 Any mental condition of which a person is
conscious (Psychological facts)
Ex.: Intention, motive, bodily feelings, opinion,
desire, ambition, idea, etc.
 FACT-IN-ISSUE
 A fact either by itself or in connection with
the other facts, the existence or non-
existence, nature or extent of any right or
liability or disability, asserted or denied in any
suit or proceedings
Ex.: Whether A owes to B or not
Ex.: Whether A intentionally caused the death
of B or not
 RELEVANT
 One fact is said to be relevant to another fact,
when one is connected with another in any
ways refer to in the provisions of this Act
relating to relevancy of facts
 Relevancy may be legal relevancy or logical
relevancy
 The Act permits legal relevancy but not the
logical relevancy