Basics of Evidience

01
INDIAN EVIDENCE
ACT 1872
 HISTORY
 The Indian Evidence Act,] originally passed in India by the Imperial
Legislative Council in 1872, during the British Raj, contains a set of
rules and allied issues governing admissibility of evidence in
the Indian courts of law
 Until then, the rules of evidences were based on the traditional legal
systems of different social groups and communities of India and were
different for different people depending on caste, community, faith and
social position.
 The Indian Evidence Act introduced a standard set of law applicable to
all Indians.
 The law is mainly based upon the firm work by Sir James Fitzjames
Stephen, who could be called the founding father of this
comprehensive piece of legislation.
EVIDENCE IS A WORD DERIVED FROM A LATIN WORD “EVIDERA” WHICH
MEANS TO DISCOVER CLEARLY TO ASCERTAIN OR TO PROVE

IT IS A PROCEDERAL LAW

THERE ARE 2 TYPES OF LAW

1. SUBSTANTIVE LAW :- Law by which liabilities and duties are

defined . Eg : Indian penal code , Indian contract act , transfer of
property act ,hindu marriage act .

2. PROCEDURAL LAW :- Laws that are designed to look after the

regulation and enforcement of substantive law . Eg CPC, Indian
evidence act.
 ACT

The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence
Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872.
At that time, India was a part of the British Empire. Over a period of more than 125 years
since its enactment, the Indian Evidence Act has basically retained its original form
except certain amendments from time to time.
 This Act is divided into three parts and there are 11
chapters in total under this Act and 167 sections
CHAPTER 01 PART 1 CHAPTER 02

the first chapter is a the second chapter

preliminary chapter specifically deals
which introduces to with the relevancy
the Evidence Act of the facts.
SECTION 1-4 SECTION 5-55
 This Act is divided into three parts and there are 11
chapters in total under this Act.
CHAPTER 03 PART 2 CHAPTER 04

deals with facts which deals with oral

need not be proved evidence
SECTION 56 – 58 SECTION 59-60
 This Act is divided into three parts and there are 11
chapters in total under this Act.
CHAPTER 05 PART 2 CHAPTER 06

deals with circumstances

deals when documentary
with documentary evidence has been given
preference over the oral
evidence evidence.
SECTION 61 – 90 SECTION 91-100
 This Act is divided into three parts and there are 11
chapters in total under this Act.
CHAPTER 07 PART 3 CHAPTER 08

talks about the burden

talks about estoppel
of proof SECTION 115 -117
SECTION 101 – 114 A
 This Act is divided into three parts and there are 11
chapters in total under this Act.
CHAPTER 09 PART 3 CHAPTER 10

talks about witnesses, talks about examination

of witnesses
SECTION 118 -134 SECTION 135 - 166
 This Act is divided into three parts and there
are 11 chapters in total under this Act.
PART 3

Chapter 11

talks about improper

admission and rejection of
evidence
SECTION 167
 THREE GOLDEN PRINCIPLES OF
EVIDENCE ACT

1 3
EVIDENCE THE BEST
MUST 2
EVIDENCE
CONFINED HEARSAY MUST BE
TO MATTER EVIDENCE GIVEN IN
IN ISSUE MUST NOT ALL CASE
BE
ADMITTED
 TYPES OF EVIDENCE
testimony is a form of evidence that is obtained from a witness who
makes a solemn statement or declaration of fact. Testimony may be
TESTIMONY oral or written, and it is usually made by oath or affirmation under
penalty of perjury
Documentary evidence is any evidence that is, or can be, introduced
DOCUMENTOR at a trial in the form of documents, as distinguished from oral
Y testimony. Documentary evidence is most widely understood to refer
to writings on paper (such as an invoice, a contract or a will)

physical evidence (also called real evidence or material evidence) is any

REAL material object that plays some role in the matter that gave rise to the
(PHYSICAL) litigation, introduced as evidence in a judicial proceeding (such as a trial) to
prove a fact in issue based on the object's physical characteristics.

digital evidence or electronic evidence is any probative information stored

DIGITAL or transmitted in digital form that a party to a court case may use at trial
 TYPES OF EVIDENCE
Exculpatory evidence is evidence favorable to the defendant in a
EXCULPATORY criminal trial that exonerates or tends to exonerate the defendant of guilt.[

Inculpatory evidence is evidence that shows, or tends to show, a

INCULPATORY person's involvement in an act, or evidence that can establish guilt.

DEMONSTRATI Demonstrative evidence is evidence in the form of a representation of

an object. This is, as opposed to, real evidence, testimony, or other forms
VE of evidence used at trial.
EYEWITNESS
evidence is received from a witness "who has actually seen an event and
IDENTIFICATIO can so testify in court"
N
 TYPES OF EVIDENCE

DNA profiling (also called DNA fingerprinting) is the

process of determining an individual's DNA characteristics.
GENETIC (DNA) DNA analysis intended to identify a species, rather than an
individual, is called DNA barcoding.

A lie is a statement used intentionally for the purpose of

LIES deception
 ( CLASSIC CLASIFICATION )
ALL PROVISIONS CAN BE DIVIDED IN 2
CATEGORIES

1 2

TAKING THE
EVIDENCE BY EVALUATION
COURT
 TAKING THE EVIDENCE BY COURT
IN TAKING THE EVIDENCE , COURT TAKE THE
EVIDENCE OF THE FACTS
• FACT IN ISSUE
• FACT IN RELEVENCE

FOR THOSE FACTS EVIDENCE IS GIVEN TO THE

COURT BY 2 WAYS

• ORALLY
• DOCUMENTORY
 EVALUATION

PRESUMPTIONS
PROVE THE FACT IS
PROVE , PROVE
DISPROVE , OR (MAY PRESUME ,
NOT PROVE SHALL
PRESUME )
A PICTURE IS
WORTH A
THOUSAND WORDS