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OVERVIEW OF INDIAN EVIDENCE ACT, 1872 SO LET'S TALK ABOUT THE MOST TRENDING ACTS IN THE LIFE OF LAW ASPIRANTS AND LAW STUDENTS. SO TODAY LETS DISCUSS THE INDIAN EVIDENCE ACT IN THE SIMPLEST LANGUAGE POSSIBLE HERE I WILL PROVIDE YOU WITH A COMPLETE OVERVIEW OF THE INDIAN EVIDENCE ACT AS SIMPLE AS POSSIBLE.
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FOR THE SAME CONTENT IN HINDI - CLICK HERE
INDIAN EVIDENCE ACT,1872 IN HINDI AND ENGLI
SH BOTH
BY - @LEGALPERSONALITY
TOTAL 167 SECTIONS ARE DISCUSSED IN THE THE BARE ACTS.
ALL THE RELEVANT CASE LAWS WILL BE PROVIDED WITH EACH SECTION
AS MORE IN THE OTHER BLOGS.
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ALL THE CONTENT WILL BE DELIVERED IN AS SIMPLE A LANGUAGE AS POSSIBLE AND ALL THE NOTES WILL BE PROVIDED IN BOTH ENGLISH AND HINDI LANGUAGE AFTER THE END OF ALL THE BLOGS THE PDF WILL BE AVAILABLE IN THE DOWNLOADABLE FORM.
BASIC KNOWLEDGE OF THE INDIAN EVIDENCE ACT, 1872
- THE ACT WAS ENACTED ON 15th MARCH, 1872
- ENFORCED ON 1st SEPTEMBER, 1872
- DRAFTED BY SIR JAMES FITZJAMES STEPHEN
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THE MAIN OBJECT OF THE BARE ACT WAS:- TO FACILITATE THE JUDGE TO FORM RATIONAL CONCLUSIONS AS TO THE EXISTENCE OR NON EXISTENCE OF THE DISPUTED FACT.
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THE WORD EVIDENCE IS DERIVED FROM THE LATIN WORD EVIDENT WHICH MEANS "TO PROVE" OR "TO DISCOVER CLEARLY".
THE EVIDENCE ACT IS LEX FORI MEANS RULE OF THE PLACE OF LAW
( LAW OF THE LAND )
IT IS A SORT OF ADJECTIVE LAW
THE DISTRIBUTION OF THE INDIAN EVIDENCE ACT IS LISTED AS BELOW:-
PART 1st - RELEVANCY OF FACTS - NO. OF CHAPTERS-2
PART 2nd - ON PROOF - NO. OF CHAPTERS- 4
PART 3rd - PRODUCTION AND EFFECTS OF EVIDENCE -
NO. OF CHAPTERS - 5
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PARTS OF INDIAN EVIDENCE ACT 1872 IN DETAIL:-
PART 1- Relevancy of Fact
- CHAPTER 1- PRELIMINARY (SECTION 1-4)
- CHAPTER 2- OF THE RELEVANCY OF FACTS (SECTION 5-55)
PART 2 - ON PROOF
- CHAPTER 3 - FACTS NEED NOT TO BE PROVED
- (SECTION 56-58).
- CHAPTER 4 - ORAL EVIDENCE (SECTION 59-60).
- CHAPTER 5 - DOCUMENTARY EVIDENCE (SECTION 61-90).
- CHAPTER 6 - EXCLUSION OF ORAL BY DOCUMENT
- (SECTION 91-100).
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- CHAPTER 7 - BURDEN OF PROOF (SECTION 101 - 114).
- CHAPTER 8 - ESTOPPEL (SECTION 115 -117) .
- CHAPTER 9 - WITNESSES (SECTION 118 -134).
- CHAPTER 10 - EXAMINATION OF WITNESSES
- (SECTION 135-156).
- CHAPTER 11 - IMPROPER ADMISSION AND REJECTION OF EVIDENCE (SECTION 167).
SOME MORE HISTORIC KNOWLEDGE ABOUT INDIAN EVIDENCE ACT
THE PAST OF INDIAN EVIDENCE ACT HAS BEEN DIVIDED INTO 3 DIFFERENT PARTS
- ANCIENT HINDU PERIOD
- ANCIENT MUSLIM PERIOD
- BRITISH PERIOD
ANCIENT HINDU PERIOD -
It was that period when Hindu Raj was there, and the wellspring of data identifying with the Law of Evidence was gotten from DHARMA SHASTRAS. When the Ancient Hindu Period was there, rulers were the adjudicators of the court, and the court was arranged in the imperial royal residences in the capital city. A ruler was the judgment producer with the counsel of their consultant and the lord's judgment was the last judgment. The court in Ancient India was not limited by any specialized continuing for doing equity to the abused individual. The fundamental thought was maintaining Dharma. Three kinds of Evidence perceived that time is-
LEKHYA-Documentary Evidence
SAKSHI-Witness
BUKHTHI-Possession.
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ANCIENT MUSLIM PERIOD -
In such a manner, the law of proof was examined in the book MUSLIM JURISPRUDENCE composed by SIR ABDUL RAHIM. During this period, the Muslim ruler and head set up the legal question goal framework as indicated by Islamic law, which was founded on the Holy Quran. By and large, qazi's were liked to choose the question. Two kinds of Evidence perceived that time ARE-
Oral
Narrative.
BRITISH PERIOD -
The Evidence Act was initially passed by the British Parliament in 1872. It contains a bunch of rules and guideline which administers the acceptability of any proof in the courtrooms. The idea of the Admissibility of any proof in official courtrooms was completely changed in British India after the presentation of the Evidence Act. Before the presentation of this Act, the standards of Evidence were fundamentally founded on customary general sets of laws of various gatherings of people and networks of British India and were diverse for each individual who was of various rank and religion. The Evidence Act of 1872 is essentially founded on the work by Sir James Fitzjames Stephen. He is otherwise called the initial architect of this Act.
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