Quick revision : Evidence law 1872 – Important sections and relevant cases

Evidence Law : – The Indian Evidence law of 1872 is a foundational piece of legislation that governs the rules and principles concerning the admissibility, relevance, and proof of evidence in legal proceedings within India. This act outlines how evidence is to be presented, examined, and evaluated in courts, ensuring a fair and transparent legal process. It establishes various categories of evidence, such as oral, documentary, and expert testimony, while detailing the circumstances under which they can be presented and their probative value.

Evidence Law 1872

The act deals with matters like burden of proof, estoppel, relevancy of facts, confessions, admissions, witnesses’ competency and privileges, and the proof of documents. It sets forth rules for proving facts, documents, and statements, and prescribes guidelines for cross-examination and re-examination of witnesses. The act also introduces concepts like presumptions, which assist in establishing certain facts without direct evidence.

One of the act’s notable features is its endeavor to maintain a balance between proving facts and protecting individual rights. It delineates exceptions to the general rule of admissibility, safeguarding against prejudice and ensuring the integrity of the judicial process. Additionally, the act encompasses the principles of justice, fairness, and consistency in the presentation and evaluation of evidence, thus serving as a cornerstone of the Indian legal system.

1. Section 5: Evidence may be given of facts in issue and relevant facts.
2. Section 6: Relevancy of facts forming part of the same transaction.
3. Section 7: Facts which are the occasion, cause, or effect of facts in issue.
4. Section 8: Motive, preparation, and previous or subsequent conduct.
5. Section 9: Facts necessary to explain or introduce relevant facts.
6. Section 11: When facts not otherwise relevant become relevant.
7. Section 14: Facts showing the existence of the state of mind or body, or of bodily feeling.
8. Section 15: Facts bearing on the question whether an act was accidental or intentional.
9. Section 20: Admissions in civil cases when relevant.
10. Section 21: Proof of admissions against persons making them, and by or on their behalf.
11. Section 27: How much of information received from accused may be proved.

Admission as to Matters of Fact of Evidence Law

12. Section 31: Admissions of the contents of documents.
13. Section 32: Cases in which statements of relevant fact by a person who is dead or cannot be found, etc., is relevant.
14. Section 34: Entries in books of account when relevant.
15. Section 35: Relevancy of the statement as to the fact of public nature, contained in certain Acts or notifications.
16. Section 40: Previous judgments relevant to bar a second suit or trial.
17. Section 41: Relevancy and effect of judgments, orders, or decrees, other than those mentioned in sections 40 to 41.

Proof of Documents

18. Section 61: Proof of contents of documents.
19. Section 62: Primary evidence.
20. Section 63: Secondary evidence.
21. Section 64: Proof of documents by primary evidence.
22. Section 65: Cases in which secondary evidence relating to documents may be given.
23. Section 68: Proof of execution of a document required by law to be attested.
24. Section 71: Proof when attesting witness denies the execution.
25. Section 74: Public documents.
26. Section 75: Private documents.
27. Section 76: Certified copies of public documents.

Presumptions as to Documents

28. Section 79: Presumption as to the genuineness of certified copies.
29. Section 80: Presumption as to documents produced as a record of evidence.
30. Section 81: Presumption as to maps or plans made by the authority of Government.
31. Section 85: Presumption as to the power-of-attorney.
32. Section 88: Presumption as to a document not produced after notice.

Burden of Proof and Estoppel

33. Section 101: Burden of proof.
34. Section 102: On whom the burden of proof lies.
35. Section 103: Burden of proof as to a particular fact.
36. Section 104: Burden of proving a fact to be proved to make evidence admissible.
37. Section 105: Burden of proving that a case of the accused comes within exceptions.
38. Section 115: Estoppel.

Exclusion of Oral Evidence by Documentary Evidence

39. Section 91: Evidence of terms of contracts, grants, and other dispositions of property reduced to the form of documents.
40. Section 92: Exclusion of evidence of oral agreement.
41. Section 93: Exclusion of evidence to explain or amend ambiguous document.
42. Section 95: Evidence as to document unmeaning in reference to existing facts.

Witnesses under Evidence law

43. Section 118: Who may testify.
44. Section 119: Witnesses disqualified by interest or crime.
45. Section 120: Parties to civil suits, and their wives or husbands.
46. Section 121: Judges and Magistrates.
47. Section 122: Communications during marriage.
48. Section 123: Official communications.
49. Section 132: Witness not excused from answering on ground that answer will criminate.
50. Section 133: Accomplice.

In the legal landscape of India, the Indian Evidence law of 1872 serves as the backbone that shapes the way facts are established and truth is unveiled within courtrooms. With a meticulous balance between fairness and the protection of individual rights, this Act empowers the judiciary to make informed decisions based on reliable evidence. By upholding the ideals of transparency, equity, and legal consistency, the Act not only fortifies the pursuit of justice but also bolsters public trust in the legal system, making it an enduring cornerstone of India’s legal framework.

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