ments
Table of Contents
Introduction:-
PART 1- Relevancy of Facts:
PART 2- On Proof:
PART 3- Production and effect of evidence:
In this article, we are going to discuss a brief introduction/overview of the
Indian Evidence Act, 1872.
Introduction:-
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.
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.
Like:-
Admissions,
Confession,
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,
etc.
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).
Like:-
Who may testify?
Unable to communicate verbally, etc.
CHAPTER 10- OF the Examination Of Witness (Section 135-166).
Like:-
Order
Examination in chief
Cross-examination
Re-examination
CHAPTER 11- Of the Improper Admission and Rejection of Evidence (Section
167).