by Yuvi - January 27, 2023

The Indian Evidence Act: An Overview

The Indian Evidence Act, 1872 is a legal act in India that lays out the rules and regulations for the admissibility of evidence in the court of law. The act applies to all judicial proceedings in India, whether it is a civil or criminal case. It is an important act for the administration of justice in the country, as it governs the way in which evidence is presented and evaluated in the court.

Types of Evidence

The Indian Evidence Act recognizes two types of evidence:

1. Oral evidence: Oral evidence refers to any evidence that is given orally in the court, such as testimony given by a witness.
2. Documentary evidence: Documentary evidence refers to any evidence that is given in the form of a document, such as a will, contract, or letter.

Admissibility of Evidence

The Indian Evidence Act lays down certain rules for the admissibility of evidence in the court. The act specifies that evidence must be relevant, material, and not excluded by any provision of the act to be admissible.

Relevance: Evidence is said to be relevant if it has a tendency to prove or disprove a fact in issue or a fact that is necessary to be proved in the case.

Material: Evidence is said to be material if it is capable of affecting the result of the case.

Exclusion: Certain evidence is excluded by the act and cannot be admitted in the court, such as evidence obtained by illegal means, hearsay evidence, and evidence that is irrelevant or immaterial.

Burden of Proof

The Indian Evidence Act lays down the principle of “burden of proof,” which means that the party that alleges a fact must prove it. The burden of proof is on the party who makes an assertion or claim in the court.

The standard of proof in civil cases is preponderance of probability, which means that the evidence presented must be such that it is more likely than not that the fact in question is true. In criminal cases, the standard of proof is beyond reasonable doubt, which means that the evidence presented must be such that there is no reasonable doubt that the accused is guilty of the crime.

Presumption of Innocence

The Indian Evidence Act lays down the principle of “presumption of innocence,” which means that an accused person is presumed to be innocent until proven guilty. The prosecution has the burden of proving the guilt of the accused beyond reasonable doubt.

Expert Evidence

The Indian Evidence Act also lays down the rules for the admissibility of expert evidence in the court. Expert evidence refers to evidence given by a person who has special knowledge, skill, or experience in a particular field. Such evidence is admissible in the court if it is relevant, material, and not excluded by any provision of the act.

Pros and cons of Indian Evidence Act

The Indian Evidence Act, 1872 is an important act that lays out the rules and regulations for the admissibility of evidence in the court of law. It applies to all judicial proceedings in India and governs the way in which evidence is presented and evaluated in the court.

Pros:

1. Provides clear rules for admissibility of evidence: The act lays down clear rules for the admissibility of evidence, which helps in ensuring that only relevant and material evidence is admitted in the court.
2. Protects the rights of the accused: The act lays down the principle of “presumption of innocence,” which means that an accused person is presumed to be innocent until proven guilty. This helps in protecting the rights of the accused.
3. Promotes fairness in trials: The act lays down the principle of “burden of proof,” which means that the party that alleges a fact must prove it. This promotes fairness in trials and ensures that the accused is not convicted on the basis of weak or insufficient evidence.
4. Allows for the admissibility of electronic evidence: The act allows for the admissibility of electronic evidence, which helps in keeping up with the changing times and technology.
5. Allows for the admissibility of expert evidence: The act allows for the admissibility of expert evidence, which can provide important information in complex cases and help in determining the guilt or innocence of the accused.

Cons:

1. Can be complex: The act can be complex and difficult to understand for legal practitioners and the general public.
2. Can lead to the exclusion of important evidence: The act excludes certain types of evidence, such as evidence obtained by illegal means and hearsay evidence. This can lead to the exclusion of important evidence that could help in determining the guilt or innocence of the accused.
3. Can be misused: The act can be misused by the prosecution or defense to exclude important evidence and influence the outcome of the trial.
4. Can be difficult to apply to new technology: The act can be difficult to apply to new technology and evidence, leading to uncertainty and confusion in the court.

Leading Cases of Indian Evidence Act

The Indian Evidence Act, 1872 has been applied and interpreted in various court cases over the years. Some leading cases that have helped shape the understanding and interpretation of the act are:

1. Emperor v. Sibnath Banerjee (1915) – In this case, the court held that the burden of proof lies on the prosecution in criminal cases, and that the accused is presumed to be innocent until proven guilty.
2. M.P. Sharma v. Satish Chandra (1954) – This case dealt with the admissibility of evidence obtained by illegal means. The court held that such evidence is not admissible in the court and cannot be used to establish the guilt of the accused.
3. R. V. Kunnu (1955) – This case dealt with the admissibility of hearsay evidence. The court held that hearsay evidence is not admissible in the court and cannot be used to establish the guilt of the accused.
4. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990) – This case dealt with the admissibility of electronic evidence. The court held that electronic evidence is admissible in the court if it is relevant and material and if the conditions laid down in Section 65B of the Indian Evidence Act are fulfilled.
5. Ratanlal and Dhirajlal v. State of Maharashtra (1991) – This case dealt with the admissibility of expert evidence. The court held that expert evidence is admissible in the court if it is relevant, material and not excluded by any provision of the act and if the expert witness is qualified and has special knowledge, skill or experience in the relevant field.

These cases have helped in shaping the understanding and interpretation of the Indian Evidence Act and have established important principles that are followed in the court of law today.

Conclusion

The Indian Evidence Act, 1872 is an important act for the administration of justice in India. It lays down the rules and regulations for the admissibility of evidence in the court of law. The act applies to all judicial proceedings in India and governs the way in which evidence is presented and evaluated in the court. The act recognizes two types of evidence, oral and documentary, and lays down certain rules for their admissibility. It also lays down the principle of “burden of proof” and “presumption of innocence” and the rules for the admissibility of expert evidence. It is important for legal practitioners and the general public to be aware of the provisions of the Indian Evidence Act to understand how evidence is presented and evaluated in the court.