Evidence Act

A Brief Introduction/Overview of the Indian Evidence Act, 1872.

           In this article, we are going to discuss a brief introduction/overview of the Indian Evidence Act, 1872.



                             The enforcement and adoption of the Indian Evidence Act was a leading judicial measure introduced in India, which changed the entire system of concepts relating to the admissibility of evidence in Indian courts. The Evidence Act passed by the British Parliament in the year 1992 has a set of rules and regulations regarding the admissibility of evidence in a court of law. These provisions speak about both procedures and rights, as it provides procedures for how to proceed in court or how to establish your claim before a court.

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          The law is based primarily on the firm work of Sir James Fitzjames Stephen, who can be called the founding father of this comprehensive law.

The Indian Evidence Act is called Act No. 1 of 1872, and called the Indian Evidence Act, 1872.

Total 3 Parts, 11 Chapters and 167 Sections.

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

This act is not applicable to army law, naval law, disciplinary act and all the affidavits which are presented in front of officers or the courts.

The Act has been divided into 3 parts-

PART 1- Relevancy of Facts:

CHAPTER 1- Preliminary (Section 1-4).

This chapter gives provisions regarding the applicability and interpretation clause.

CHAPTER 2– Of the Relevancy of Facts (Section 5-55).

This chapter provides the provision regarding that in which all situation evidence shall be taken.

Statements by persons, who cannot be called as witnesses,
Statements made under special circumstances,
Judgments of Courts of Justice, when relevant,
Opinions of third persons when relevant,
Character when relevant,

PART 2- On Proof:

CHAPTER 3 – Facts which need not be Proved (Section 56-58).
          This chapter provides provisions regarding facts which need not be proved before the court. Any fact which the court already knows or there is no requirement to acknowledge the court about these facts.

CHAPTER 4- Of Oral Evidence (Section 59-60).

CHAPTER 5- Of Documentary Evidence (Section 61-90).

CHAPTER 6- Of the Exclusion of Oral by Documentary Evidence (Section 91-100).


PART 3- Production and effect of evidence:

CHAPTER 7- Of the Burden Of Proof (Section 101-114).

CHAPTER 8- Estoppels (Section 115-117).

CHAPTER 9- Of Witnesses (Section 118-134).

 Who may testify?
Unable to communicate verbally, etc.

CHAPTER 10- OF the Examination Of Witness (Section 135-166).

Examination in chief

CHAPTER 11- Of the Improper Admission and Rejection of Evidence (Section 167).


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