INDIAN

EVIDENCE ACT
 LECTURE – 1 & 2
INTRODUCTION- GENERAL
• A) What is evidence?
• B) Why evidence law - Objectives
• C) Necessity of rule of evidence
• D) Development of Law of Evidence
• E) Law of evidence in civil and criminal
proceeding
• F) Structure of evidence act and its
role in trial
1. Extent of Operation
It extends to the whole of India except the State of

Jammu and Kashmir.

 

2.  Date of Commencement
It came into force on 1st September, 1872.
 

3.  Applicability
It applies to all judicial proceedings in or before a
court.
Evidence – What it is?
 It is the usual means of proving
or disproving a fact under trial or
inquiry.
     It does not include arguments.
    It tends to convince the court
of the truth or otherwise of the
matter.
Evidence Act tells us:

i)   What are facts-in-issue.

ii)  What facts are relevant.
iii) What facts are admissible.
iv) What facts may be proved.
v)  What facts may not be proved.
vi) What kind of evidence may be given of a
fact which is to be proved.
vii) Who is to produce such evidence.
viii) How it is to be given.
Basic rules of Evidence
 
i)   Best evidence must be produced.
ii)  Hearsay evidence is not admissible.
iii) Evidence may be given of facts in issue and
relevant facts
(Sec. 5).
iv)  All facts, except the contents of documents,
may be
proved by oral evidence (Sec. 59).
v)   Facts judicially noticeable need not be
proved.
(Sec. 56).
vi)  Facts admitted need not be proved. (Sec. 58).
vii) Oral evidence must be direct. (Sec. 60).
 EVIDENCE ACT DOES NOT APPLY TO

•Quasi-judicial proceeding
• Non-judicial proceeding
• Departmental enquiry under Art. 311(2) of the Constitution
• Arbitration proceeding.
• Affidavit
• Domestic tribunal is not bound by rules of evidence
•Arbitrators are not bound by the rules of evidence. They
have to follow rules of equity and natural justice
• Income-tax authorities are not strictly bound by rules of
evidence
 INDIAN EVIDENCE ACT

Relevancy of On Proof Production and

Facts Effect of Evidence
(Sec 5-55) (Sec 56-99) (Sec 101-167)
 Part 1.
RELEVANCY OF FACTS
• This part deal with as to which facts, may,
and what facts, may, not be proved in civil
and criminal cases. In a proceeding, the
Court in order to decide a point in
controversy has to take some evidence.
What sort of evidence, i.e, what facts a party
may be allowed to proved in a particular
case or proceeding has been given in Sec
5-55.
 PART II :
ON PROOF
• This part is deal with the question as to what
sort of evidence must be given about the
facts, which may be proved, or in other word,
this part deals with the manner in which the
fact in issue and relevant fact may be
proved.
• Thus, Sec 56 to 99 give the method of
proving those facts, which are to be proved
by the preceding chapter.
 PART III :
PRODUCTION AND EFFECT OF
EVIDENCE
• This part deals with production and effect of
evidence. This part looks into the question of the
manner in which the proof is to be produced.
• On whom the burden is or who should adduced
evidence?
• Doctrine of estoppel.
• How evidence is to be adduced?
• Effect of mistake in admission or rejection of
evidence.
 Relevancy
 Of relevancy of fact (6-16)
 Admission and Confession (17-31)
 Statement by person who cannot be called as
witnesses (32-33)
 Statements made under special circumstances (34-
39)
 Judgments of courts of justice when relevant (40-
44)
 Opinion Evidence (45-51)
 Character Evidence (52-55)
 ON PROOF
 Facts which need not be proved (56-58)
 Of oral Evidence (59-60)
 Of documentary evidence (60-73A)
 Public Documents (74-78)
 Presumption as to documents (79-90)
 Of exclusion of oral by documentary
evidence (91-100)
 Production and Effect of Evidence
 of the Burden of Proof (101-114)
 Estoppel (115-117)
 Of Witnesses (118-134)
 Of the Examination of Witnesses (135-
166)
 Of improper admission and rejection of
Evidence (167)