Indian Evidence Act,1872

गोवर्धन लीगल पाठशाळा

Special Batch – JMFC and APP 2022

Adv. Kalichand Govardhan
LLB LLM NET MA(Eco.) GDCA CS(Exe.) (Ph. D)
Mumbai High Court
Trade Mark Attorney – 34400
Mob no. 8692063678
The Indian Evidence Act, 1872
Introduction:-
• The Indian Evidence Act introduced a standard set of
law applicable to all Indians. The law is mainly drafted
by by Sir James Stephen,
• The Indian evidence Act is not exhaustive nature (This
act is itself complate law, because for application of
this act will take help of other laws like Limitation Act,
IPC Cr.PC ect.)
• Law and Law of Evidence:- Law means the rule which
determine our relations. The day to day life behaviours
of individuals are regulated by the law which may be
SOCIAL, CUSTOMARY or THE LAW MADE BY STATE .
•Lex fory :- “The law Evidence is the lex fory
which governs the Court whether a witness is
competent or not,
Whether a certain fact requires tobe proved by
writing or not,
Whether certain Evidence prove a certain fact or
not
That is determined by the law of nation WHERE
the Questions arises and Where the Court sits to
enforce it.
 Indian evidence Act, 1872
Meaning of Evidence:- “Evidence” is a word derived from the Latin
term “EVIDERA” which means to Discover clearly, To Ascertain OR To
Prove.
1. According to Blackstone Dictionary- Evidence “Signifies that which
demonstrates, makes clear OR ascertain the Truth of the Facts OR
points in issue either in one side OR the other side”.
2. According to Stephen “It sometimes means words uttered and
things exhibited by witnesses before a Court of Justice. At the
other time, it means the facts proved to exist by those words OR
things and regarded as grand work of inference as to other facts
not so proved”.
Three Principles of Evidence law:-

1.Evidence must be confined to the MATTER

IN ISSUE
2.HEARSAY Evidence must not be admissible.
3.BEST EVIDENCE must be given in all cases.
Law of Evidence is based on following TWO axioms
(a statement, accepted, or self-evidently true)

1. Relevancy:- No facts other than those having

some connection with the matter in controversy
should be gone into by the Court.
2. Admissible :- All facts having rational probative
value are admissible in evidence, unless
excluded by some rule of paramount
importance as for instance ( particular situation,
event, or fact) , a conference made by Client to
his Advocate.
Indian Evidence Act,1872
•Indian Evidence Act. : 1872
•Enactment date : 15 March 1872
•Enforcement date : 01 September 1872
•Sections. : 01 to 167
•Chapters. : XI
•Part. : 03
•Scheduled. : Repeated
 Indian Evidence Act, 1872
Part : 3
• PART – 1 RELEVANCY OF FACTS
• PART – 2 ON PROOF
• PART – 3 PRODUCTION AND EFFECT OF EVIDENCE
Indian Evidence Act, 1872
Part : 3 and 11 Chapters
PART I RELEVANCY OF FACTS

CHAPTER I. –– PRELIMINARY (S. 1 to 4)

CHAPTER II. –– OF THE RELEVANCY OF FACTS.
(S.5 to 55)
PART II ON PROOF :-
CHAPTER III. — FACTS WHICH NEED NOT BE PROVED
(S. 56 to 58)
CHAPTER IV. —OF ORAL EVIDENCE (s. 59, 60)
CHAPTER V. — OF DOCUMENTARY EVIDENCE
(S. 61 to 90A)
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY
DOCUMENTARY EVIDENCE (S.91- 100)
PART III :- PRODUCTION AND EFFECT
OF EVIDENCE
CHAPTER VII. –– OF THE BURDEN OF PROOF (S. 101
to 114A)
CHAPTER VIII. –– ESTOPPEL ( S. 115 to 117)
CHAPTER IX. — OF WITNESSES (S. 118 to 134)
CHAPTER X. –– OF THE EXAMINATION OF
WITNESSES (S. 135 to 166)
CHAPTER XI –– OF IMPROPER ADMISSION AND
REJECTION OF EVIDENCE (S. 167)
Evidence is classified into different categories such as:
1. Oral Evidence:
2. Documentary Evidence:
3. Primary Evidence:
4. Secondary Evidence:
5. Real Evidence:
6. Direct Evidence:
7. Indirect/ Circumstantial Evidence:
8. Hearsay Evidence:
9. Judicial Evidence:
10. Non- Judicial Evidence:
11. Prima Facie Evidence:
Sec. 1 :-
This Act may be called' "The Indian Evidence Act, 1872:"
It extends to the whole of British India, and applies' Extent.
to all judicial proceedings in or before any Court, including
Courts Martial,
But not to affidavits present to any Court or Officer, nor to
proceedings before an arbitrator.
And it shall come into force on the first day of September
1872.
After Jammu and Kashmir Reorganisation Act, 2019 this act
applicable to J and K.
3. Interpretation-clause.––
3. Interpretation-clause.
a. Court
b. Fact
c. Relevant
d. Facts in issue
e. Document
f. Evidence
g. Proved
h. Disproved
i. Not proved
3. Interpretation-clause.––In this Act the following
words and expressions are used in the following
senses, unless a contrary intention appears from the
context: ––
“Court”.––“Court” includes all Judges and Magistrates
and all persons, except arbitrators, legally authorized
to take evidence.
Court :- include - 1. All judges
2. All Magistrates
3. All persons legally authorized to take evidence.
Not include - Arbitrators
“Fact”.–– “Fact” means and includes ––
(1) anything, state of things, or relation
of things, capable of being perceived by
the senses; (Physical facts Example – a, b,
c)
(2) any mental condition of which any
person is conscious (Psychological fact –
Example d, e)
Illustrations
(a) That there are certain objects arranged in a certain order
in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain
intention, acts in good faith or fraudulently, or uses a
particular word in a particular sense, or is or was at a
specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.
“Relevant”. –– One fact is said to be
relevant to another when the one is
connected with the other in any of the
ways referred to in the provisions of
this Act relating to the relevancy of
facts.
“Facts in issue”.–– The expression “facts in issue”
means and includes ––
any fact from which, either by itself or in connection
with other facts, the existence, non-existence, nature
or extent of any right, liability, or disability, asserted or
denied in any suit or proceeding, necessarily follows.
Explanation. ––Whenever, under the provisions of the
law for the time being in force relating to Civil
Procedure, any Court records an issue of fact, the fact
to be asserted or denied in the answer to such issue is
a fact in issue
“Document”. ––“Document” means any
matter expressed or described upon any
substance by means of letters, figures or
marks, or by more than one of those means,
intended to be used, or which may be used,
for the purpose of recording that
matter.
“Evidence”. ––“Evidence” means and includes ––
(1) all the statements which the Court permits or
requires to be made before it by witnesses, in
relation to matters of fact under inquiry; such
statements are called oral evidence;
(2) all documents including electronic records
produced for the inspection of the Court,
such documents are called documentary
evidence.
Que. :- Is FIR Evidence?
Ans:- fir is not substantial evidence but it is corroborative
Evidence, is held in (C. Magesh vs. State of Karnataka).
Que. :- are Affidavits Evidence ?
Ans.:- Affidavit can not be used as Evidence under any of
the provisions of the IEA. ( S. RAJKUMAR vs. BHARAT OIL
MILLS 1964)
QUE. Is Evidence through Video Conferencing is valid?
Ans.:- Yes, Evidence through video conferencing is valid ,
first time taken in this case. (STATE OF MAHARASHTRA VS.
DR. PRAFULLA DESAI)
“Proved”. –– A fact is said to be proved
when, after considering the matters before
it, the Court either believes it to exist, or
considers its existence so probable that a
prudent man ought, under the
circumstances of the particular case, to act
upon the supposition that it exists.
“Disproved”. –– A fact is said to be disproved
when, after considering the matters before it, the
Court either believes that it does not exist, or
considers its non-existence so probable that a
prudent man ought, under the circumstances of
the particular case, to act upon the supposition
that it does not exist.

“Not proved”. –– A fact is said not to be proved

when it is neither proved nor disproved.
Sharad Birdichan Sharda vs. State of
Maharashtra (1984)
5 golden Rules:-
1. Circumstances
2. Consistent
3. Conclusive proof
4. Hypotheses excluded
5. Accused must be proved beyond reasonable
grounds
Difference between presumption of facts and Law
A. FACT B. LAW
1. Definition:- When 1. Definition:- When
presumptions are presumptions are
established on the basis acknowledged without the
of facts or groups of help of proof in certain
facts or from the situations or circumstances
collection of facts. where court me presumes
some facts itself.
2. Position of 2. Position of
Presumption :- Presumption :-
Uncertain position. Certain and uniform
position.
3. Performance :- They are 3. Performance :- They are
always rebuttable and can conclusive presumption
be challenged after unless proven with
establishing probative probative evidence.
evidence. 4. Discretionary Power of
4. Discretionary Power of Court :-
Court :- Court enjoys Court has no discretionary
discretionary power, either power, and they are bound
to presume any facts or to presume some facts as
not. such facts are presumed
itself by the law.
Sec. 4. “ May Presume”.
“Shall presume”.
“Conclusive proof”.
Sec. 4. “May presume”. –– Whenever it is provided
by this Act that the Court may presume a fact,
it may either regard such fact as proved, unless and
until it is disproved, or may call for proof of it.
E.g. A man is presumed tobe innocent unless he is
found guilty.
(Sec. 86, 87, 88, 88A,
90, 90A,
113, 113A, 114) ‘May Presume’ deals with
rebuttable presumption
In May presume is a condition when the
court enjoys its discretion power to
presume any/ certain facts and recognize
it either proved OR
may ask for corroborative evidence to
confirm OR
reconfirm
the presumption set by the court in its
discretion.
“Shall presume”. –– Whenever it is directed by
this Act that the Court shall presume a
fact, it shall regard such fact as proved, unless
and until it is disproved.
(Sec. 79- 85C
89
113B, 114A)
‘Rebuttable Presumption of Law’
shall presume denotes a strong
assertion or intention to determine
any fact. the principle of ‘Shall
Presume’ that the court does not have
any discretionary power in the course
of presumption. facts they are proved
until they are disproved by the other
party.
“Conclusive proof”. –– When one fact is declared
by this Act to be conclusive proof of another,
the Court shall, on proof of the one fact,
regard the other as proved, and shall not allow
evidence to be given for the purpose of disproving it.
( Sec. 41
112
82 IPC)
Irrebuttable form of presumptions or Conclusive
Presumption.
Conclusive Presumptions/ Proofs, the
strongest presumptions of a court. Court believes
that such presumptions are for the welfare of the
society. With regards to Conclusive proofs, the law
has absolute power and shall not allow any
proofs contrary to the presumption which
means if the facts presumed under
conclusive proofs cannot be
challenged even if the presumption is
challenged on the basis of probative evidence.
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Special Batch – JMFC and APP 2022
Adv. Kalichand Govardhan
LLB LLM NET MA(Eco.) GDCA CS(Exe.) (Ph. D)
Mumbai High Court
Trade Mark Attorney – 34400
Mob no. 8692063678