Sudhir Sachdeva Law Classes 9999997086

Evidence Act
1872

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Sudhir Sachdeva Law Classes 9999997086

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Sudhir Sachdeva Law Classes 9999997086

QUESTION.1 WHAT IS LAW OF EVIDENCE? WHAT IS ITS PURPOSE, SCOPE AND

APPLICATION?
(1) LAW OF EVIDENCE • The “Law of Evidence” may be defined as
• a system of rules for ascertaining
• Controverted questions of fact in judicial inquiries.
• This system of ascertaining the facts,
• which are the essential elements of a right or liability
• and is the primary and perhaps the most difficult function
of the Court,
• is regulated by a set of rules and principles known as
“Law of Evidence”.
(2) PURPOSE The Indian Evidence Act, 1872 is an Act
• to consolidate,
• define and
• amend
• the Law of Evidence.

(3) APPLIES TO • The Act extends to the whole of India

• except the State of Jammu and Kashmir
• and applies to all judicial proceedings
• in or before any Court,
• including Court-martial (other than the Court-martial
convened under the Army Act, the Naval Discipline Act or
the Indian Navy Discipline Act, 1934 or the Air Force Act)
• but not to affidavits presented to any Court or officer,
• or to proceedings before an arbitrator.

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QUESTION.2 WHAT ARE JUDICIAL PROCEEDINGS.

JUDICIAL PROCEEDINGS • The Act does not define the term “judicial proceedings”
• but it is defined under Section 2(i) of the Criminal
Procedure Code as
• “a proceeding in the course of which evidence is or
may be legally taken on oath”.
• However, the proceedings under the Income Tax
• are not “judicial proceedings” under this Act.
• That apart, the Act is also not applicable to the
proceedings before an arbitrator.

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Sudhir Sachdeva Law Classes 9999997086

QUESTION.3 WHAT IS AN AFIDAVIT?

AFFIDAVIT • An affidavit is a declaration sworn or affirmed
• before a person competent to administer an oath.
• Thus, an affidavit per se does not become evidence in the
suits
• but it can become evidence
• only by consent of the party
• or if specifically authorized by any provision of the law.
They can be used as evidence only under Order XIX of the Civil
Procedure Code.

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QUESTION.4 WHAT DO YOU MEAN BY EVIDENCE. DISCUSS ITS TYPES.

(1) MEANING OF • The word evidence in the Act signifies only the
EVIDENCE instruments
• by means of which relevant facts are brought before the
Court,
• viz., witnesses and documents,
• and by means of which the court is convinced of these
facts.

• Evidence under Section 3 of the Indian Evidence Act,

1872
• may be either oral or personal and documentary,
• which may be adduced in order to prove
• a certain fact (principal fact) which is in issue.

• There must be an open and visible connection between

• the principal fact and the evidentially facts.

• Facts are which form part of the same transaction,

• though not in issue, place or at different times and
places.

(2) ORAL EVIDENCE -ALL ORAL EVIDENCE -ALL STATEMENTS

STATEMENTS • All statements which the Court permits

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Sudhir Sachdeva Law Classes 9999997086

• or requires to be made before it

• by witnesses, in relation to matters of fact under inquiry;
• such statements are called ORAL EVIDENCE;

(3) DOCUMENTARY DOCUMENTARY EVIDENCE -ALL DOCUMENTS

EVIDENCE -ALL • All documents (including electronic records)
DOCUMENTS • produced for the inspection of the Court;
• such documents are called DOCUMENTARY
EVIDENCE.

(4) RULES OF EVIDENCE IN • In general the rules of evidence are same in civil and criminal
CVIL AND CRIMINAL proceedings
PROCEEDINGS • BUT there is a strong and marked difference as to the effect
of evidence in civil and criminal proceedings.

(5) IN CIVIL CRIMINAL • Mere on the basis of probability due regard being had to
PROCEEDINGS the burden of proof, is sufficient basis of a decision.
• In other words, in civil proceedings it is sufficient if the
evidence shows that in all probability the accused would
have committed the wrong.
(6) IN CRIMINAL • Especially when the offence charged amounts to felony
PROCEEDINGS (crime) or treason (sedition), a much higher degree of
assurance is required.
• In criminal proceedings, evidences must show beyond all
doubts that the accused alone would have committed the
crime.

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