Introduction:
The Indian Evidence Act, 1872 originally passed by the British Parliament in 1872, sets forth rules on issues governing admissibility of evidence in the Indian courts of law. Though some amendments have been made to the provisions of the Act, it retains its original form.
Historical Background:
Before the enactment of Indian Evidence Act, 1872, there were
different rules of evidences in practice. The parameters were
varied and discriminatory, influenced by caste, community, religion
and social position of the Subject. With the introduction of
this path-breaking judicial measure, a standard set of law became
applicable to all Indians. Thus, the new Act redefined the entire
system of concepts pertaining to admissibility of evidences
in the Indian Courts of Law.
The role of evidence:
The Indian Evidence Act provides for dealing with proving 'facts in issue' through evidence. "Facts in issue" means and includes any fact from which the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. The Act specifies what constitutes oral evidence and documentary evidence.
The legal definition of the specific term "evidence" as given by Supreme Court of India in a case law means and includes all statements, which the court permits or requires to be made before it by witnesses in relation to 'matters of fact' under enquiry and documents produced for the inspection of the Court. 'Matter of law' is the general law of the land, of which the courts take judicial cognizance.
Application of the Act:
The essence of the Act lies in the provisions which lay down several instances of the relevance of facts important to the case of proving the ownership of property.
Whenever the status of any person as the owner of a piece of immovable property of which he is shown to be in possession is found to be questionable, the onus of proving that he is not the owner lies on the person who asserts that he is not the owner.
The Act has eleven chapters and 167 sections and is divided into three parts and elaborates on subjects as under:
- Part I - Relevancy of facts in terms of what facts may or may not be proved. These are dealt with in detail in sections 5 to 55.
- Part II- How the relevant facts are to be proved- matters
which need not be proved under law and how facts-in-issue
or relevant facts which are to be proved through oral and
documentary evidence (Section 56 to 100) are dealt with.
- Part III- Who and in what manner must produce the evidence. It lays down the procedure for production of evidence and the effects of evidence. (Section 101 to 167).
Quick review
- It extends all over India except Jammu and Kashmir.
- It is one of the most important laws administered by Indian Civil and Criminal Courts.
- The provisions of the Indian Evidence Act do not apply to:
- Affidavits presented to any Court or Officer
- Proceedings before an Arbitrator
- Quasi-judicial proceedings before a Statutory Authority, that is, proceedings before Inquiry Officers and other presiding officers, where administrative officers act as quasi-judicial authorities. In these cases, principles of natural justice apply.
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