What is the Indian evidence 1872?

The Indian Evidence Act is an act passed by the Indian Parliament in 1872, which contains rules and provisions governing the admissibility, relevancy, and weight of evidence presented in Indian courts of law. The Act was based on the English Law of Evidence and applies to all civil and criminal proceedings in India.The Indian Evidence Act consists of 167 sections and is divided into three main parts:

1. Relevancy of Facts: This part deals with the rules of evidence relating to the admissibility of evidence in court. It outlines what evidence is relevant and what is not, and it provides for the exclusion of evidence that is deemed to be irrelevant or unfair.
2. Proof: This part deals with the burden of proof in civil and criminal cases and the various methods by which evidence may be proved in court.
3. Production and Effect of Evidence: This part deals with the production and effect of evidence in court. It covers the rules of examination and cross-examination of witnesses, the use of documents as evidence, and the rules governing the evaluation of evidence.

Historical origin of the Indian Evidence act

The Indian Evidence Act is based on the English Law of Evidence. The Act was introduced by Sir James Fitzjames Stephen, who was a judge in the Calcutta High Court at the time and later became a judge of the English High Court. Prior to the enactment of the Indian Evidence Act, the law of evidence in India was a patchwork of various rules and regulations that were not uniformly applied throughout the country. The Act sought to bring greater uniformity and consistency to the law of evidence in India. The Act was originally intended to apply only to civil cases, but it was later extended to criminal cases as well. Over the years, the Act has been amended several times to keep it up to date with changing times and societal needs.

Today, the Indian Evidence Act is a comprehensive piece of legislation that governs the admissibility, relevancy, and weight of evidence in Indian courts of law. It is an essential tool for lawyers and judges in ensuring that justice is served fairly and impartially, and plays a major role in conduct of trial in the lower courts.

Features of the Indian evidence act

The Indian Evidence Act is a comprehensive piece of legislation that contains a number of important features that help to ensure that justice is served in Indian courts of law. Some of the key features of the Act include:

• Relevancy of Evidence: The Act lays down clear rules regarding the admissibility of evidence in court. It outlines what evidence is relevant and what is not, and it provides for the exclusion of evidence that is deemed to be irrelevant or unfair.
• Burden of Proof: The Act sets out the burden of proof in civil and criminal cases. It provides that the burden of proof lies on the party who makes the claim and that it is their responsibility to prove their case.
• Types of Evidence: The Act recognizes several types of evidence, including oral testimony, documentary evidence, and physical evidence. It provides for the use of expert testimony and also recognizes the admissibility of electronic evidence.
• Examination of Witnesses: The Act sets out rules for the examination of witnesses, including rules regarding the competency and compellability of witnesses. It also provides for the cross-examination of witnesses.
• Presumptions: The Act recognizes several presumptions that may be drawn in certain circumstances. For example, it provides that a person is presumed to be sane unless proven otherwise and that a document is presumed to be genuine if it appears to be so.
• Admissibility of Confessions: The Act sets out rules regarding the admissibility of confessions made by an accused person. It provides that a confession made to a police officer is not admissible as evidence unless it is made in the presence of a magistrate.

Applicability

1. Geographical: After the abrogation of Article 370 in the constitution giving special status to the state of Jammu and Kashmir, and enactment of the The Jammu and Kashmir Reorganisation Act, 2019, the Indian evidence act is applicable to the whole of India, including the state of Jammu and Kashmir wherein it was not applicable before 31^st October 2019.
2. Proceedings: As per section 1 of the act, the act applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-martial convened under the Army Act, Naval Discipline act, Indian Navy (Discipline) Act or the Air Force Act] but not to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator.

Landmark cases on Indian evidence act

1. State of Maharashtra v. Praful Desai (2003): In this case, the Supreme Court of India clarified the rules of admissibility of electronic evidence under the Indian Evidence Act. The court held that electronic evidence, including emails and computer printouts, is admissible in court if it is accompanied by a certificate from a competent person.
2. R v. Abdul Rahim (1949): This case is one of the earliest cases where the Indian courts recognized the concept of ‘similar facts’ evidence. The court held that evidence of similar facts could be admissible if it showed a pattern of conduct or a common plan.
3. P. Sharma v. Satish Chandra (1954): This case dealt with the constitutional validity of search warrants. The Supreme Court of India held that search warrants were not in violation of the right to privacy and that documents seized during a lawful search could be used as evidence in court.
4. M. Nanavati v. State of Maharashtra (1961): This case is a landmark judgment on the admissibility of circumstantial evidence in Indian courts. The court held that circumstantial evidence could be used to establish guilt if the circumstances pointed to no other conclusion.
5. State of U.P. v. Deoman Upadhyaya (1960): This case is notable for its interpretation of the presumption of innocence. The court held that the presumption of innocence is a fundamental principle of criminal law and that the prosecution must prove its case beyond a reasonable doubt.
6. Hanumant Singh v. State of Madhya Pradesh (1952): This case dealt with the admissibility of extra-judicial confessions. The court held that extra-judicial confessions are admissible in court if they are voluntary and made without any inducement, threat, or promise.
7. Arjun Pandit Rao vs. Kailash Kishanrao(2022): The furnishing of certificate under section 65B was made mandatory for admissibility of electronic evidence in the court through this case and oral evidence was held not admissible in this landmark judgment of the supreme court.

 Some important amendments to the Act:

• Admissibility of electronic evidence [Indian Evidence (Amendment) Act, 2000]: The amendment recognized electronic records as evidence and introduced new provisions to govern the admissibility and proof of electronic records in court. It also added a new definition of “electronic record” and “computer” to the Act.
• Admissibility of opinion of examiner of electronic evidence: (Act 10 of 2009 )The amendment introduced a new section, Section 45A, which provides for the admissibility of the opinion of the examiner of electronic evidence. This section provides that the opinion of the examiner of electronic evidence is admissible if certain conditions are met.
• Expert evidence: Section 45, which provides for the admissibility of expert evidence. This section allows an expert to give an opinion in court on any matter within their expertise.
• Admissibility of secondary evidence: Changes were made to the rules governing the admissibility of secondary evidence, which is evidence that is not the original but a copy of the original. It expanded the definition of secondary evidence and introduced new rules for the admissibility of secondary evidence.
• Section 53A- (Criminal law amendment act 2018) This section deals with the evidence of character or previous sexual experience not relevant in certain cases substituted with Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB.
• Section 146- (Criminal law amendment act 2018) This section deals with questions lawful in cross-examination (what are the questions must be asked by the Police Officer) when a witness is cross-examined, he may in addition to the question hereinbefore referred to, be asked any question which tends:

1. Tend to test the veracity.
2. To discover who he is and what is his position in life.
3. To sake his credit, by injuring his character, although the answer might tend directly or indirectly to criminate him, might expose him to a penalty or forfeiture.

Conclusion:

The role of Indian Evidence act in the legal jurisprudence in the digital age is crucial and cannot be overlooked. It has undergone multiple amendments in the past due to it’s dynamic nature and the law keeps evolving with changing times.  Therefore, It is imperative for both legal professionals as well as students and academicians to keep abreast of the developments in this law.