Indian Evidence Act
Encyclopedia
The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the India
n courts of law. Before Indian Evidence Act,India was subjected to Personal Laws as correctly may be said that of Muslims and Hindus. They were each governed by their own laws and did not like any inteference. Interestingly eventhough the sources were very different but both of these laws considered Oral Evidence as the best.Which is the case even presently.
The Indian Evidence act of 1872 is mainly based upon the firm work by Sir James Fitzjames Stephen
, who could be called the founding father of this comprehensive piece of legislation.
. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
, except the state
of Jammu and Kashmir
. After the Independence, the Act continues in force in India, however it was repealed in Pakistan in 1984 by the Evidence Order 1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial proceedings in the court , including the court martial as well. However, it does not apply on affidavits and arbitration.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n courts of law. Before Indian Evidence Act,India was subjected to Personal Laws as correctly may be said that of Muslims and Hindus. They were each governed by their own laws and did not like any inteference. Interestingly eventhough the sources were very different but both of these laws considered Oral Evidence as the best.Which is the case even presently.
Importance
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Up to that point of time, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different persons depending on his or her caste, religious faith and social position. The Indian Evidence Act removed this anomaly and differentiation, and introduced a standard set of law applicable to all Indians.The Indian Evidence act of 1872 is mainly based upon the firm work by Sir James Fitzjames Stephen
James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet was an English lawyer, judge and writer. He was created 1st Baronet Stephen by Queen Victoria.-Early life:...
, who could be called the founding father of this comprehensive piece of legislation.
The Act
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1st September 1872. At that time, India was a part of the British EmpireBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Applicability
When India gained independence on 15th August 1947, the Act continued to be in force throughout the Republic of India and PakistanPakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, except the state
States and territories of India
India is a federal union of states comprising twenty-eight states and seven union territories. The states and territories are further subdivided into districts and so on.-List of states and territories:...
of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
. After the Independence, the Act continues in force in India, however it was repealed in Pakistan in 1984 by the Evidence Order 1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial proceedings in the court , including the court martial as well. However, it does not apply on affidavits and arbitration.