Salient Features of Indian Evidence Act 1872

Salient Features of Indian Evidence Act 1872: 

          -: INTRODUCTION:-

     Indian Evidence Act Came into force on 1st September, 1872. It extends to the whole of India, except the State of Jammu and Kashmir. (Section . 1) The Indian Evidence Act 1872 is largely based on English Law of Evidence. Law of  Evidence is Lex fori means the law of the place of action which Governs the court that whether a witness is competent or not , whether the matter should prove by writing or not, whether evidence proves a certain fact or not. 

        The Law of Evidence is divided into 3 parts 

           ( .1. ) Part One     :-  Relevancy of Fact

           ( .2.) Part Two      :-  Contains of Proof

           ( .3. ) Part Three  :-   Production and                                                     effect of evidence.

      Hence, Meaning of the term Evidence and salient features of Evidence can be discussed as follows :-

        -: EVIDENCE :-

  (a) It's Meaning :-

                The word Evidence is derived from the Latin word ' Evidentia ' which means Clear or prove,  to show clearly. The word Evidence is a mean to prove or disaprove the disputed fact. 

                 

  (b) Definition :-

                 Evidence means to make clear or prove. Apart from this various Authors have Defined the Term Evidence they are as follows :-

           (I) According to Salmond :-

                       According to Salmond,                          Evidence may be defined as any fact              which possesses probative force. One            fact is evidence of another when the              existence of the former creates a                      reasonable belief in the existence of              the other. 

          (ii) According to Blackstone :-

                         According to Blackstone,                   Evidence signifies that which                          demonstrates, makes clear or ascertain          the truth of the facts or points in issue            either on one side or the other. 

         (iii) According to Sir Taylor :-

                           According to Sir Taylor, Law           of Evidence means through                               arguments to prove or disprove                       matter  of fact, The Truth of which is             submitted to Judicial-Investigation.

         (iv) According to Section 3 of Indian                       Evidence Act 1872 :-

                         Evidence means and includes,

           * All the statements which the court                  permits or requires to be made                        before it by witnesses, In relation to                matters of fact under enquiry ;                        such statements are called Oral                        Evidence.

           * All the Documents including                            electronic records produced for the

              inspection of the court, Such                            documents are called Documentry                  Evidence. 

                     The definition of Evidence given in this Act is very narrow because in this evidence comes before the court by only two means 

(1) The statement of witness 

(2) Documents including electronic records 

  (c) Explanation :- 

          With the help of definition given above , we can say that evidence helps in making clear the disputed fact either to prove or to disprove .

            -: Salient Features of the                           Indian Evidence Act 1872 :-

      The Salient features of Indian Evidence Act 1872 are as follows :-

  1.) Indian Evidence Act 1872, Based on              English common law :
                In British India, the presidency Courts , Royal Charter established in Bombay ( Mumbai ), kolkata ( Calcutta ), Madras ( Chennai ) Which was followed by English rules of the Law of Evidence. There was no definite law in mofussils and the Law of evidence was in total disorder outside presidency towns, further there was an urgent necessity of codification of rules of law of Evidence for stability of law and order.
              East India Company in Charter 1687 And later under Charter 1726 under the constitution of Mayor's Court brought the English Common Law into India to exercise civil and testematary Jurisdiction.
             The first Law commission headed by T.B. Macaulay ,who prepared the drafts of the Indian Penal Code (  IPC ) and Civil Procedure Code ( CPC ) and Criminal procedural Code ( CrPC ).
              In 1861 a draft was prepared by the Commission After Called Indian Evidence Act 1872.

  2.) Procedural Law :-
                The Law of Evidence is a procedural law . Though it is an procedural law it would not affect substantive rights. The law of Evidence contains the procedure relating to ' Of what matters witness may speak , who is competant  for being witness, how witness should be placed before the court ' etc.

  3.) Territory Extend:-
                    According to Section 1 of the Indian Evidence Act , 1872 . The law of Evidence extends to whole of India except the State of Jammu and kashmir. However State of Jammu and Kashmir is Govermed by their special Evidence Law .

  4.)  Discretionary power of the Court:-
                     Sections framed in the Evidence Act is  concise and incisive , In other words we can say that the sections explained in this Act is in Brief and comprehensive . Lot more information given is clearly and in few words. Hence, there is more freedom and Discretion to the Court in Admitting the Convicted and recording Evidence. The entire Judicial system is Based on Evidence.
That does not mean that the entire procedure is in the hands of court or court alone can enjoy Discretionary power. It means that court can enjoy there powers within the within the boundries of the provisions of The Indian Evidence Act , 1872.
For example :: Hearsay evidence is no evidence or hearsay evidence is not admissible, or If Any evidence is inadmissible  under this act . It must be discarded by the Courts for the purpose and in all Circumstances.

  5.)  Allows Both Oral and Documentary                 Evidence:-
                  There are various Kinds of Evidence . Among them Oral and documentary evidence are the mainly two evidence allowed by this Act. Oral and documentary evidence are most important evidence and reliable evidence.

  6.)  Applies to the Judicial Proceeding:-
                   As per Section 1, of the Indian Evidence Act, 1872. It applies to all the judicial proceeding in or before any Court, including Court-Martial other than Courts-Martial under the Army Act, the Naval Discipline Act. Or The Air Force Act.
                   The Act does not apply to affidavits presented to any Court.

  7.)  Consolidating Act:-
                   Indian Evidence Act, 1872 is not merely a fragmentary but a consolidated one. 

  8.)  The Act does not claim to be exhaustive:-

  9.)  Hearsay Evidence no Evidence:-
                     Hearsay Evidence means Whatever a person is heard to say it includes.
         ( a ) a statement made by a person, not called as witness
         ( b ) a statement contained or recordedvin any book, document or record which is not admissible.
                      There is no place for Hearsay Evidence.
For Example ::
      A is being tried for stealing B's Motorcycle. C as a witness says that he ( C ) Heard D saying that he ( D ) Saw A with B's motorcycle .
     In this example,C is an hearsay evidence.

                   
10.)  Object of the Act:-
                       The main Object of the Indian Evidence Act, 1872 it to obtain evidence to find the truth in several disputed facts. To make clear and precise. Finding the truth with the help of evidence among disputed fact is the main and sole object of the Indian Evidence Act, 1872.
                   

11.)  Protection and Privilages to the                      Witness:-
                           No person is bound to incriminate himself.According to Article 20(3) Of The India Constitution , No person accused of any offence shall be compelled to be a witness against himself.
                        The Indian Evidence Act, 1872 provides protection and privileges to certain categories of witness.

12.) Law of Evidence is Lexfori:-
                         According to Lord Brougham, Indian Evidence Act is Lexfori.  That governs the Court. Whether a witness is competent or not , whether the remedy to enforced or not, whether Evidence proves certain facts or not. Lexfori means the law of the place of action, It means that it is to be determined by the law of country where the question Arises.

        -:Conclusion:- 

       It was in urgent necessary to codify the rules of evidence as outside the presidency town there was no definite rules relating to Law of Evidence. It was the Third Commission 1861, who prepared a Draft Indian Evidence later the enforced and called Indian Evidence Act , 1872.

        The Indian Evidence is the backbone of Administration of justice. Which dertermines the truth to prove any fact by legal resources. Evidence is a medium by which fact is tried to prove or disprove.

         Indian Evidence Act, 1872. is a procedural law and it would not affect substantive rights. Court can enjoy the freedom of discretionary power but within the boundries of Evidence. 

For example : 

                    If any Evidence is inadmissible under the Indian Evidence Act, 1872. It must be discarded by the Courts for the purpose and in all Circummstances.

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