THE Indian EVIDENCE

ACT, 1872
AN
OVERVIEW
BY- SHRI RAKESH KUMAR POTHAL
ASST. PUBLIC PROSECUTOR (CADRE)
BHUBANESWAR
 Scheme & Introduction.
 Basics of I.E.A., 1872.
 Objective / Function of the law of evidence.
 Law of evidence in civil & criminal proceedings.
 3 guiding factors of I.E.A., 1872.
I.E.A, 1872 INTRODUCTION

 Historical Prospective –
1. The Charter of 1726 introduced English Common Law &
statutory law in the presidency towns of Calcutta,
Madras & Bombay.
2. No definite law of evidence
3. Customs and usages were governing the law of
evidence.
4. Complete discretion of Court in admitting evidence.
5. Lack of clarity in evidence laws.
I.E.A, 1872

 Maine Commission –
1. Need to codify the laws of evidence.
2. Formation – 1868, but the Maine bill was rejected since it
did not meet the requirements of the then time.
 Stephen Commission –
1. Established in the year 1871.
2. After approval, the Indian Evidence Act, 1872 came into
force.
I.E.A, 1872 BASICS

1. Drafted by – Sir James Stephen.

2. Total 03 parts, 11 chapters, 167 sections.
3. Came into force – 1st September, 1872.

NATURE
4. Lex fori
5. Procedural /adjective law
6. Not exhaustive
I.E.A, 1872 OBJECTIVE / FUNCTION

1. To ascertain or determine the truthfulness of assertions

made by the parties.
2. Helps in deciding the rights and liabilities of the parties.
3. Lays down the rules for proving or disproving a fact in a
court of law.
4. Prevents wastage of time upon irrelevant issues.
I.E.A, 1872 CIVIL & CRIMINAL PROCEEDINGS

CIVIL CASE CRIMINAL CASE

Pre-Ponderance Of Beyond All Reasonable

Probabilities Doubt
I.E.A, 1872 BASIC PRINCIPLES

Evidence must Best evidence Hearsay evidence

be confined to must be given must be excluded
fact in issue &
relevant facts
I.E.A, 1872 APPLICABILITY

Relevancy of facts Admissibility Examination Appreciation &

& Statements Of Proofs of witnesses Reliability of Evidence
Thank you