The document provides an overview of the Indian Evidence Act of 1872. It discusses the origins and history of evidence law in India from ancient Hindu and Muslim periods through British rule. Key events included the establishment of mayor's courts in the 1700s and the enactment of the Indian Evidence Act in 1872, which was based on English law and changed the entire Indian judicial system by codifying evidence rules. The Act has 11 chapters organized into 3 parts covering topics like relevant facts, proof requirements, witnesses, and admissibility of evidence.

1. ACT 1 OF 1872

2. MEANING OF THE WORD
‘EVIDENCE’
 Derived from Latin word ‘evidera’
 It means ‘to ascertain or to prove’.
 Phipson : Evidence means oral or documentary, which
may be legally received in order to prove or disprove
some facts in dispute.
 SECTION 3 in Indian Evidence Act defines the word
evidence in detail.

3. History of INDIAN EVIDENCE
ACT,1872
 The origin of the concept of evidence can be traced back to
the Ancient Hindu Period, for that Hindu Dharma
Shastra has to be referred.
 Dharma Shastra states the following evidence :
1. LEKHYA(DOCUMENT):
 Rajya Sakshyak
 Sakhshyak
 Asakhshyak
2. SAKSHI
3. BHUKTI
4. DIVYA

4. History of INDIAN EVIDENCE ACT
,1872
 For the Ancient Muslim Period, it is often said that
there was a very developed real concept regarding any
highly developed Muslim rules of evidence.
 Types : ORAL AND DOCUMENTARY
 DEMEANOR OF WITNESS: Emperor Shah Jahan’s
case of a SCRIBE
 EXAMINATION OF WITNESSES(Examination and
Cross Examination)
 CIRCUMSTANTIAL EVIDENCE

5. History of INDIAN EVIDENCE ACT
,1872
 Before this time, the rules of evidence were based
upon the local and traditional legal systems of
different social groups residing in India.
 After the advent of British East India Company in the
dominion of India, it was granted royal charter by King
George I in 1726 to establish Mayor’s courts in Bombay,
Madras and Calcutta.
 Enactment of Indian Evidence Act 1872
 First act enacted by Governor General and also some
series of act between 1835 to 1855

6. Continued…..
 MAINE COMMISSION under SIR HENRY MAINE.
 STEPHEN’S COMMISSION under Sir James Fitzjames
Stephen.
 He is called the Founding father of the ACT
 The enactment of this act is known as the path-breaking
judicial measure introduced in India which changed the entire
system of Indian judiciary.
 The whole judicial system gets changed after the
enactment of this act because before there was no
codified rule or set up rules and regulation for
taking evidence.
 This act is based on the English law of Evidence. It
is not exhaustive in nature.
 The Indian Evidence Act is LEX FORI Law which means the law
of the place where the proceeding is being taken.

7. STRUCTURE OF THE ACT
 The Indian Evidence Act is the act number 1 of 1872
 The Evidence act came into force from 1st September
1872
 The whole act comprises of total 167 section and 11
Chapters.
 All the definitions, methods related to evidence and
how the Law of evidence in consolidated is included in
this Act.
 Law of evidence is Procedural Law but it also has some
part of Substantial Law.

8. PARTS AND CHAPTERS
 PART 1- Relevancy of Facts:
 CHAPTER 1- PRELIMINARY (SECTION 1-4). This chapter gives provision regarding
application and applicability.
 CHAPTER 2- OF THE RELEVANCY OF FACTS (SECTION 5-55). This chapter gives
provision regarding that in which all situation evidence shall be taken.
 PART 2- On Proof:
 CHAPTER 3- FACTS WHICH NEED NOT BE PROVED (SECTION 56-58). This chapter
gives provision regarding those facts which need not be proved in front of the court.
Any fact which court already knows or there is no requirement to acknowledge court
about these facts.
 CHAPTER 4- OF ORAL EVIDENCE (SECTION 59-60).
 CHAPTER 5- OF DOCUMENTARY EVIDENCE (SECTION 61-90).
 CHAPTER 6- OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
(SECTION 91-100). Where oral or documentary evidence can be excluded.
 PART 3- Production and effect of evidence:
 CHAPTER 7- OF THE BURDEN OF PROOF (SECTION 101-114).
 CHAPTER 8- ESTOPPEL (SECTION 115-117).
 CHAPTER 9- OF WITNESSES (SECTION 118-134).
 CHAPTER 10- OF THE EXAMINATION OF WITNESS (SECTION 135-166).
 CHAPTER 11- OF THE IMPROPER ADMISSION AND REJECTION OF EVIDENCE
(SECTION 167).

9. Course Topics
 Introduction to Indian Evidence Act, 1872
 Admissions & Confessions
 Relevancy of Statements, Relevancy of Judgments,
relevancy of character and Opinion Evidence
 Documentary and oral evidence
 Burden of proof and Estoppel
 Witnesses and admission of evidence