What is The Indian Evidence Act?
The Indian Evidence Act was passed in 1872 by the British Parliament, and played a vital part in setting down the guidelines for the admissibility and evaluation of evidence by the judicial courts.
This Act is considered to be immensely important as it was applicable to all Indians, irrespective of their caste, creed, sex or religion. Before its enactment, fragments of evidence were accepted in the courts as per the traditions of the respective region.
Contents -
The Act has been divided into 3 parts, which include 11 chapters in aggregate-
PART 1 - Chapters 1 and 2
PART 2 - Chapters 3 - 6
PART 3 - Chapters 7 - 11
Amendments -
The Act has retained its original structure for a period of over 125 years, but certain amendments have been made to it during the course of time. Some of the major Amendments include -
The Criminal Law Amendment Act, 2005
The Criminal Law (Amendment) Act, 2018
The Jammu & Kashmir Reorganization Act, 2019
Types of Evidence Admissible in Courts -
Direct Evidence- This type of evidence directly supports the truth.
For Eg.: An eyewitness to a crime. Circumstantial Evidence- Evidence that tends to prove a fact by proving other events or circumstances which afford a basis for a reasonable inference of the occurrence of the fact at issue
Documentary Evidence- This refers to a written testimony or any relevant legally obtained documents entered in a trial to support the case.
Oral Evidence- This refers to spoken evidence by a witness in court, usually under oath. Primary Evidence- This refers to the nature of the evidence. Under, thisan original document is presented in court of law for inspection. Secondary Evidence- This also refers to the nature of the evidence. Under this, a photocopy of the original document in the court of law for inspection
Major Cases in which corner-stone judgements were passed in relation to the Indian Evidence Act-
Kalyan Kumar Gogoi v. Ashutosh Agnihotri and Anr. (2011) - the Court of Law laid down certain parameters on the basis of which hearsay evidence doesn’t hold important applicability in the eyes of law;
Mangala Waman Karandikar (D) TR. LRS. v. Prakash Damodar Ranad (2021) - Contractual interpretations entirely depend on the intentions of the parties to the contract and the responsibility that exists on the part of the court is to provide the factual meaning that the interpretation holds.
Bodh Raj and Ors v. State Of Jammu and Kashmir (2002) -
4.1 Allows certain parts of the statements made to the police officer by the accused to be admissible in court as evidence whether or not such statements are confessional or non-confessional in nature,
4.2 How much information by the accused will be admissible before the Court of Law under Section 27 depends completely upon the nature of the facts discovered in relation to such information;
Anvar P.V v. P.K.Basheer & Ors (2014) - Electronic documents shall be perceived as documentary evidence under Section 3 of the Indian Evidence Act, 1872;
Bhimsha Subanna Pawar v. State of Maharashtra (1996) - the Hon’ble High Court while concluding that in the absence of independent evidence, the Court has to carefully examine evidence provided by the police witnesses which, if found to be a reliable source, will form the basis of the conviction of the accused;
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors (2020) - prohibits the proof of an electronic record by means of oral evidence if the requirements furnished under the statutory provision of Section 65B of the Act are not complied or abided by.
Conclusion-
The Indian Evidence Act, 1872 forms a foundational base on which the Judiciary of today works upon. One of the most interesting aspects of it is the fact that even though it was implemented in 1872, it still continues to be used and remains relevant, even to this day.
Comments