Evidence Act 2075

Chaitra 28

Name : Manisha Jaiswal

Roll no. 48

Green zone

B.A.LL.B 2nd Year

Exam Department

Kathamandu school of Law

1.Background information of Evidence bill
A bill is a proposal for a law, which is submitted to parliament in the form of a draft Act. 1 Bills
are proposed laws that have to go through the process to the approved and then get signed by the
chief executive of the state (governor) or country (president). Once it is signed it becomes law,
though it normally won't go in effect immediately. 2bills are introduced in either the House of
commons or House of Lords for examination, discussion and amendment.3

The word 'evidence' is derived from the latin word evider, which means to show clearly; to make
clear; to the sight; to discover clearly; to make plainly certain; to ascertain to prove. So evidence
is about proving or disproving facts in issue, the means by which such facts come to be proved
or disproved. Evidence is the demonstration of a fact, it signifies that which demonstrates makes
clear or ascertains the truth of the very fact or point in issue. "All statements which the court
permits or requires to be made before it by witness in relation to matter of fact under enquiry
such statements are called oral evidence." " All documents produced for the inspection of the
court, such documents are called documentary evidence."4

Evidence Act of Nepal 2031, does not define about the meaning or definition of evidence.

Section 2 of Evidence Act 2031

In this Act, unless the subject or context otherwise requires;

(a)"court" also includes any other authority who hears a case.

(b)"Already Expressed" or "Expressed" means already expressed or expressed in an oral or

written form or through sign.

(c)"Public Document" means

(1)A document maintaining official records of the acts performed by the government of Nepal.

(2)A book, paper or any other document laying as a record in the office of the government of
Nepal or constitutional body or authority or court or public organization in corporate under the
law.5

Evidence Act 2075,has brought some more provisions and also have brought some changes in
evidence act 2031. The only main objective of this act is to bring changes in the society.

1
www.naurugov.com
2
https:\\www.quora.com
3
www.parliament.uk
4
https:\\www.tyrocity.com
5
Evidence act 2031
2. Which subject matter
The law of evidence, also known as the rules of evidence , encompasses the rules and legal
;principle that govern the proof of facts in legal proceeding .when there is dispute , whether
relating to civil or criminal matter, reaches the court there will always be s number of evidence.
Evidence includes all the means by which any alleged matter of fact, the truth of which is
submitted to investigation is established or disapproved. It relates to subject matter on bill to
amend the Evidence Act 2031. This bill tries to address the evidence Act amendment bill. The
provision of evidence Act 2031, are applicable to civil as well as criminal cases, lying down the
procedural law only. Similarly, the Evidence Act amendment Bill 2075,is necessary to show
clear matter of facts which tends to prove or disprove.

3.This bill relates to harm principle

As a law maker, how to protect citizen from harm while making law and make intellectual act,
copyright Act etc. for not harming to Nepalese people. Every laws are made by laws makers to
protect its citizens. The harm principle says people should be free to act however they wish
unless their actions cause harm to somebody else. The harm principle holds that the actions of
individuals should only be limited to prevent harm to other individuals. The only purpose for
which power can be rightfully exercised over any member of a civilized community, against his
will, is to prevent harm to others. So the law of evidence also made for the people's protection
from other's harm.\

4.Social Change
Social change is a concept many of us take for granted or don't really even understand. No
society has ever remained the same change is always happening. Sociologists define social
change as changes in human interactions and relationships that transform cultural and social
institutions. These changes occur over time and often have profound and long-term
consequences for society. As we all know that in the past there was no Evidence Act. In the past
time, people used to proved himself\herself with the help of ordeal practice. Peoples in that time
was totally based on religious. Religious text like Manusmriti, Yagyabalk smriti, Bhanu smirirti,
Narad smriti etc. have given elaborated description of competency of witness and their method
of examination. And after that Evidence Act 2031,came into Nepal which is the proof of social
change. But Evidence Act 2031, was not totally perfect so, that Evidence Act 2075,was
introduced. Evidence Act 2075, have brought some new provision and also have brought some
changes in words. Evidence Act 2075, are good for all the people. Because of this act, it is very
easy to find out the evidence and also can help to solve the cases.