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Indian Evidence Act, 1872

A court can't make a fair decision without knowing all the true facts about a dispute and the fact can only be proved with the help of valid “Evidence”. Evidence helps the court see and hear the truth, on the basis of which the judgement of the court is passed accordingly.

What is Evidence?

The term “evidence” is extracted from a Latin term “evident”, which means “to show clearly” “to prove”. Evidence, which can be written or unwritten, supports or disproves allegations in disputes between parties.

Evidence includes testimony, documents, and tangible objects that help prove or disprove the truth of an alleged act or fact, establishing its existence or non-existence.

According to Section 3 of Indian Evidence Act, 1872, Evidence is “all such statements which the court allows or requires to be put before it by the witnesses in connection with questions of fact under inquiry.”

Indian Evidence Act, 1872:

The Indian Evidence Act of 1872 is a fundamental law that standardised the rules of evidence in Indian courts, ensuring fairness and accuracy in legal proceedings. It was enacted during the British Raj and came into effect on September 1, 1872. This Act is divided into 11 chapters and 167 sections, providing a comprehensive framework for presenting evidence in court. There have been multiple amendments to this Act, with the most recent one being introduced on October 31, 2019.

The Act is like the rulebook for all court cases in India, whether they're civil or criminal. It lays down the rules for what evidence is allowed in court, how much proof is needed to win a case, and how important different pieces of evidence are.

What are the key provisions of the Indian Evidence Act?

The Indian Evidence Act contains crucial provisions that govern the admissibility and relevance of evidence in Indian courts.

The key provisions include:

Interpretation Clause (Section 3) of Indian Evidence Act, 1872,
Relevancy of facts (Sections 5-55) of Indian Evidence Act, 1872
Admissibility of evidence (Sections 59-78) of Indian Evidence Act, 1872
Production and effect of evidence (Sections 101-167) of Indian Evidence Act, 1872

1. Interpretation Clause:

The beginning of the act is like a dictionary, explaining what all the important words mean. It's called the preamble and the first chapter.

2. Relevancy of facts:

The Relevancy of facts part is made up of 51 sections, starting from Section 5 to Section 55 of the Indian Evidence Act, 1872. These sections deal with how relevant information is in a case. They say which details and situations are important and which ones aren't. They also talk about when hearsay evidence, expert opinions, and past judgements can be used in court.

3. Admissibility of evidence:

In court, when we talk about admissibility, it means that the judge thinks all the important facts are legit. They're the ones who decide what's acceptable, and they base their decision on this Section 136 of the Evidence Act. But hold on, just being relevant isn't enough for evidence to be admissible. It also needs to follow certain rules and criteria. Evidence is a big deal in both criminal and civil cases. We need to make sure it's not messed with or changed in any way so that it can be used in court without any problems.

4. Production and effect of evidence:

This part of the law is about how to prove something in court. It tells us what kind of evidence we can use and how much weight the judge should give it. It also tells us how to make sure that documents are real and how to prove that they are.

How is evidence classified under the Indian Evidence Act?

Section 3 of the Indian Evidence Act, 1872, defines two main types of evidence:

Oral Evidence (Sections 60-66, 118-134):
Oral evidence relates to any comments made before the court by witnesses. The Act defines the rules and processes for collecting oral testimony, such examination-in-chief, cross-examination, and re-examination.
Documentary Evidence (Sections 65–90):
Any paper presented before the court, such as written instruments, maps, photos, or electronic records, is considered documentary proof..

In legal proceedings, oral and documentary evidence falls into two main categories: direct and indirect.

Direct evidence:
It refers to firsthand information that an individual acquires through their senses or personal perception. An example is the testimony of an eyewitness in a murder case.
Indirect evidence:
It is information that doesn't directly prove a fact but helps establish it by showing related circumstances. An example is financial records, phone records, motive and action surrounding a crime.

What is the burden of proof, and how is it applied in Indian law?

The concept of "Burden of Proof" under the Indian Evidence Act refers to the responsibility of substantiating statements with evidence. This crucial concept is enshrined in Chapter VII of the Indian Evidence Act of 1872. The burden of proof is stated in Sections 101 to 114-A. The burden of proof refers to the legal responsibility of parties involved in a dispute to provide evidence supporting their claims, enabling the court to rule in their favour.

Illustrations: Y desires a court to give judgement that Z shall be punished for a crime which Y says Z has committed. Y must prove that Z has committed the crime.

In Indian law, burden of proof is applied in the following ways: \

In civil cases: The plaintiff bears the initial burden of proof, requiring them to prove their case on the balance of probabilities. The defendant may challenge this evidence or present their own to rebut the claim..

In criminal cases: The prosecution bears the burden of proof, requiring them to prove the accused's guilt beyond reasonable doubt. The accused is presumed innocent until proven guilty. This standard is higher than in civil cases, ensuring the protection of individual rights.

How has the Indian Evidence Act evolved over time?

Prior to 1872, evidence law in India was based on English common law. The British East India Company's administration introduced English law of evidence in India, which was later codified in the Indian Evidence Act.

Pre-independence amendments include the Amendment Act, 1888, which clarified provisions, and the Amendment Act, 1923, which introduced substantial changes.

Post-independence amendments include the Amendment Act, 1964, a major overhaul that introduced Section 39, disclosure of information by prosecution, and amended Section 114, presumption of facts. The Amendment Act, 1972, inserted Section 114A, presumption of mens rea. The Amendment Act, 1983, amended Section 45, section 51, and section118.

The Amendment Act, 2002, incorporated electronic evidence, introducing Sections 65A, 65B, and 85A. The Amendment Act, 2015, updated provisions for electronic records, inserting Section 146.

It is very important to note that the Law of Evidence, which was enacted in 1872, continues to be applicable with the least amendments possible over more than 140 years.

Kishore Chand v. State of Himachal Pradesh, 1990:
The burden of proof in a murder case is strict when it has to rely on circumstantial evidence, and all circumstances from which a conclusion of guilt is to be drawn must be fully established, and any circumstance consistent with the accused’s innocence will entitle him to the benefit of the doubt, and confessions made in violation of sections 25 to 27 of the Evidence Act cannot be relied upon.
Adambhai Sulemanbhai Ajmeri v. State of Gujarat, 2014:
The Supreme Court ruled that when the prosecution relies on a subsequent statement recorded after the accused was detained, such material cannot be considered sufficient material on record even for arresting a person.
State Bank of India v. Om Narain Agarwal, 2011:
The Court highlighted the main feature of the rule of evidence is to limit the scope of the dispute before the Court to those facts that have logical evidentiary value in determining a fact and to prevent giving judgments based on illogical conclusions or prejudices, as well as to aid in the administration of justice.

Frequently Asked Questions(FAQ’s):

What can be given as evidence in a suit or proceeding?
Evidence can be given on the existence or non-existence of any fact in issue, or any other fact that is relevant.
What is the difference between "relevancy" and "admissibility"?
Relevancy means what facts may be proved before any court of law whereas, admissibility means method of proving the relevant facts.
Who is competent to testify?
All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

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Written by Disha Maheswari

Disha is a motivated and results-driven professional with strong problem-solving abilities. She excels in communicating complex ideas to both technical and non-technical stakeholders and enjoys working with diverse teams. Constantly seeking personal and professional growth, Disha is dedicated to achieving excellence and contributing effectively to any organization.

Indian Evidence Act, 1872

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