Law of Evidence at India
The Indian Evidence Act, 1872 was a pivotal statute that governed the admissibility and presentation of evidence in Indian courts. Enacted during British colonial rule, it introduced a standardized framework for evidence law, replacing diverse customary practices across communities. The Act was largely based on the work of Sir James Fitzjames Stephen. (Indian Evidence Act, 1872)
📜 Structure and Key Provisions
The Indian Evidence Act comprised 11 chapters and 167 sections, organized into three main parts: (Indian Evidence Act, 1872)
Part 1: Relevancy of Facts
Defined what constituted "facts in issue" and "relevant facts."
Outlined the conditions under which facts could be considered relevant and admissible in court. (Indian Evidence Act, 1872)
Part 2: Proof
Distinguished between oral and documentary evidence.
Established rules for the admissibility of documents, including public records and business records.
Introduced the concept of "primary" and "secondary" evidence. (Indian Evidence Act, 1872)
Part 3: Production and Effect of Evidence
Addressed the burden of proof and the standard of proof required in civil and criminal cases.
Discussed the examination of witnesses, including rules on competence, compellability, and the examination process.
Introduced presumptions and estoppel principles.
⚖️ Amendments and Repeal
Over the years, the Indian Evidence Act underwent several amendments to address evolving legal standards and societal needs. Notably: (Indian Evidence Act)
Criminal Law (Amendment) Act, 2013: Introduced Section 53A, which prohibited the introduction of evidence regarding the victim's character or previous sexual experience in sexual offence cases, aiming to strengthen rape shield laws in India. (Rape shield law)
However, on 1st July 2024, the Indian Evidence Act was repealed and replaced by the Bharatiya Sakshya Adhiniyam, marking a significant shift in India's legal landscape. (Indian Evidence Act, 1872)
🏛️ Legacy
The Indian Evidence Act, 1872, played a crucial role in unifying India's diverse legal traditions into a coherent system of evidence law. Its principles continue to influence the current legal framework, even as the new legislation takes effect.
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