INDIAN EVIDENCE

ACT 1872
MEANING OF THE WORD EVIDENCE
 Derived from Latin word ‘evidera’.
 It means ‘ to ascertain or prove.’
 Phipson: Evidence means oral or documentary, which may be
legally received in order to prove or disprove some facts in
dispute.
 SECTION3 in Indian Evidence Act defines the word evidence
in detail.
History of Indian Evidence Act
 Before this time, the rules of evidence were based upon the local and
traditional legal systems of different social groups residing in India.
 After the advent of British East India Company in the domination of India,
IT was granted royal charter by King George I in 1726 to establish
Mayor’s courts in Bombay, Madras and Calcutta.
 Enactment of Indian Evidence Act 1872
 First act enacted by Governor General and also some series of act between
1835 to 1855
Continued……………
 MAINE Commission under SIR HENRY MAINE.
 STEPHEN’S COMMISSION under Sir James Fitzjames Stephen.
 He is called the Founding father of the ACT.
 The enactment of this act is known as the path – breaking judicial measure introduced in India which
changed the entire system of Indian Judiciary
 The Whole judicial system gets changed after the enactment of this act because before there was no codified
rule or set up rules and regulation for taking evidence.
 This act is based on the English law of Evidence. It is not exhaustive in nature.
 The Indian Evidence Act is LEXFIRI Law which means the law of the place where the proceeding is being
taken.
 STRUCTURE OF THE ACT

 The Indian Evidence Act is the act number 1 of 1872.

 The Evidence act came into force from 1 st September 1872.

 The whole act comprises of total 167 section and a chapters.

 All the definitions, methods related to evidence and how the Law of evidence in consolidated is included in
this Act.

 Law of evidence Procedural Law but it also has some part of Substantial Law
PARTS AND CHAPTERS
 Part1: Relevancy of Facts
 CHAPTER1: PRELIMINARY (SECTION 1-4) This chapter gives provision regarding application and applicability
 CHAPTER2: OF THE RELEVANCY OF FACTS (Section 5-55).This chapter gives provision regarding that in which all
situation evidence shall be taken.
 PART2: On Proof:
 Chapter3: FACTS WHICH NEED NOT BE PROVED (SECTION 56-58). This chapter gives provision regarding those facts
which need not be proved in front of the court. Any fact which court already knows or there is no requirement to
acknowledge court about these facts.
 Chapter4: OF ORAL EVIDENCE (Section 59-60)
 Chapter5: OF DOCUMENTARY EVIDENCE (Section 61-90)
 Chapter 6: of the EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCEv(Section 91-100) Where oral or
documentary evidence can be excluded.
 PART 3:- Production and effect of evidence
 Chapter 7 OF THE BURDEN OF PROOF (Section 101-114)
 Chapter 8 ESTOPPEL(Section 115-117)
 Chapter 9: OF WITNESSES (Section 118-134)
 Chapter 10:OF THE EXAMINATION OF WITNESS (section 135-166)
 Chapter11: OF THE IMPROPER ADMISSION AND REJECTION OF EVIDENCE (Section 167)
THANK
YOU