Law of Evidence- Intro

• The object of every judicial proceeding is the enforcement of

some right or liability same which invariably depends on certain
facts.
• The substantive law, whether it be statute law or common law,
merely defines what facts go to constitute a right or liability.
• Before a tribunal can Pronounce as to the existence of a right or
liability, it must ascertain the facts which, according to it are the
necessary constituents of that the rule of Substantive Law
applicable to right or liability.
• This duty of ascertaining the facts which are the essential
elements of a right or liability is the primary, and perhaps the
most function of a tribunal.
• The inquiry into these facts is regulated by a set of rules and
principles which go bv the name of "Law of Evidence".
• These set of rules however cannot be unlimited or unreasonable.
• Therefore it is necessary to understand the Scheme of the ‘Indian
Evidence Act, 1872’.
• The IEA has been called an impressive piece of legislation with
impeccable draftsmanship and even though it has in force for more
than 100 years, there hardly has been any major amendment.
Scheme of the Act

• The Act has 167 Sections.

The plan of the act is simple and it can be divided into three parts:-
1. Relevancy of Facts
2. Proof
3. Production and Effect of Evidence
• Part I of the act is concerned with defining what facts may be
given in evidence in order to prove ‘fact in issue’ or relevant fact.
• Sec. 5 Evidence may be given of facts in issue and relevant facts.—
Evidence may be given in any suit or proceedings of the existence
or non-existence of every fact in issue and of such other facts as
are hereinafter declared to be relevant, and of no others.
• Sec. 5 firstly defines facts that may be given in evidence.
For this purpose facts are divided into:
1. Fact in issue
2. Relevant fact
• As stated earlier every right or liability in a case depends on
certain facts.
• A person who comes to court as a plaintiff, therefore, has to
establish certain facts in order to get the remedy
• If he succeeds court must award him his claim.
• If he fails or the defendant disproves any fact the suit must fail.
• Ex. Plaintiff claims payment on the basis of the contract.
• Defendant denies the same.
• Existence of the contract here becomes the fact in issue.
• Similarly in a criminal case cited earlier ‘Murder of B by A’ is the
fact in issue.
• If defense claims PD, then the PD will also become fact in issue
• However, quite often proving ‘fact in issue’ by direct evidence
itself is difficult. (ex there may be no witness to murder).
• In this case ‘FII’ has to be proved by other proving ‘other facts’
which are logically connected to FII.
• These are called ‘relevant fact’.
• Sec. 6 to 55 of IEA deals with these facts.
• These are:-
1. Facts connected to fact which is to be proved (Sec. 6 to 16)
2. Statements about the facts to be proved (Sec. 17 to 39)
3. Decisions about the fact to be proved (Sec. 40 to 44)
4. Opinions about the fact to be proved (Sec. 45 to 51)
5. Character of the person who are concerned with the fact to be
proved (Sec. 52 to 55)
• Part II of the IEA then deals with the mode of proving facts (Sec.
56 to 100):-
1. Judicial notice
2. Oral evidence
3. Documentary evidence (classes of documents, principles relating
to documents)
Part III deals with the production of evidence (101 to 167):-
1. Who has the duty to prove
2. Effect of presumptions
3. What are the rules regarding the examination of a witness, this
includes:-
• Competency of witness
• Privilege
• Examination of Witness
• Impeaching the credit of witness.