The document discusses the history and development of laws of evidence in India. It explains that initially there were no uniform rules of evidence and different practices existed in presidency towns and mofussil areas. Various reform efforts were made from 1835 onwards to develop a systematic law. This led to the enactment of the Indian Evidence Act in 1872, which consolidated and defined the laws based on English rules of evidence with modifications for Indian context. It established uniform principles and rules for admissibility of evidence across courts in India.

2. The Law In The Presidency Towns
 Before the introduction of the Indian Evidence Act, there was no
complete or systematic enactment on the subject.
 Within the presidency towns of Calcutta, Bombay and Madras,
the courts established by the Royal Charter followed the English
Rules of Evidence

3. The law in the mofussil
 Outside the Presidency Towns, there were no fixed rules of evidence.
 The law was vague and indefinite.
 The mofussil courts used to be guided by occasional directions and a
few rules regarding evidence and procedure contained in the old
Regulations made between 1793 - 1834.
 Vague customary law also prevailed in some part of the country.

4. Attempt toward reform…..
 Efforts commenced since 1835, when the first act came into
existence and which was made applicable to the whole territory of
British India.
 Reforms and changes made in 1835, 1837, 1840, 1844, 1851,
1852, 1853, 1855 etc.
 Reforms advocated by Bentham and Lord Brougham and Denman.
 But unsatisfactory state of law of evidence.

5. First Evidence bill of 1868
 Therefore, a need was felt for the introduction in this country of the
English law of evidence, which was the outcome of the experience
and wisdom of ages, with such modifications as were rendered
necessary by the peculiar circumstances of India.
 In 1868, the Indian Commissioners prepared a draft bill which was
circulated to the local governments for opinion. Mr. Maine
(afterwards Sir Henry Sumner Maine) introduced the draft bill and
observed – “Any thing like a capacious administration of the law of
evidence is an evil.”

6. ….
• However, this bill did not go proceed beyond the first reading.
• The principal reasons, in the words of Sir James Fitz James
Stephen and were that the bill was not sufficiently elementary,
that it was in several respects incomplete, and that it was
unsuitable to the wants of the country.

7. Evidence Act of 1872
 Two years later, Mr. Stephen (afterwards Sir James) prepared a
new bill, which was finally passed into law in 1872.
 The general object, says the author of the act, in framing it, has
been to produce something from which a student might derive a
clear, comprehensive and distinct knowledge of the subject, with
necessary labours but not, of course, without that degree of
careful and sustained attention which is necessary in order to
master any important and intricate matter. (Speech on presenting
the Report of the Select Committee.)

8. Divisions of the Indian Evidence Act, 1872
• The Indian evidence act has been divided into three principal parts- I, II
and III.
• Part one ----- two chapters
• Part two ----- four chapters
• Part three ---- five chapters

9. .
• Part one contains two chapters –
• Chapter I – deals with preliminary definitions (sections 1 to 4)
• Chapter II – deals with the relevancy of facts, and shows in what way
various relevant facts are connected with each other. ( sections 5 to 55)

10. .
• Part two contains four chapters –
• Chapter 3 – deals with certain facts that need not be proof (section 56
to 58)
• Chapter 4 – deals with oral evidence (section 59 - 60)
• Chapter 5 – deals with documentary evidence (section 61 - 90)
• Chapter 6 – lays down the rules regarding the exclusion of oral by
documentary evidence (section 91 – 100)

11. .
• Part three contains five chapters –
• Chapter 7 - deals with the burden of proof and presumption (section
101 - 114)
• Chapter 8 – deals with the subject of estoppels (section 115 – 117)
• Chapter 9 – speaks of witnesses who are competent to testify (Section
118 – 134)
• Chapter 10 – deals with the examination of witnesses (Section 135 –
166)
• Chapter 11 – deals with the effect of improper admission and rejection
of evidence. (Section 167)

12. INTRODUCTION
• The object of every judicial investigation is the enforcement of a right
or liability that depends on certain facts.
• The law of evidence can be called the system of rules whereby the
questions of fact in a particular case can be ascertained.
• It is basically a procedural law but it has shades of substantive law.
• For example, the law of estoppel can defeat a man’ right.
• Law of Evidence is one of the fundamental subjects of law and
therefore we must study it in detail and depth.

13. Meaning of the Evidence
• The term ‘evidence’ owes its origin to the Latin terms ‘evident’ or
‘evidere’ that mean ‘to show clearly, to discover, to ascertain or to
prove.’

14. OBJECT OF THE STUDY OF THE LAW OF EVIDENCE
•Evidence refers to anything that is necessary to prove
a certain fact. Thus, Evidence is a means of proof.
•Facts have to be proved before the relevant laws and
its provisions can be applied.
• It is evidence that leads to authentication of facts
and in the process, helps in rationalizing an opinion
of the judicial authorities
•Further, the law of evidence helps prevent long
drawn inquiries and prevents admission of excess
evidence than needed.

15. TYPES OF EVIDENCE
• 1. Direct
• 2. Circumstantial
• 3.Hearsay
• 4. Documentary
• 5. Oral
• 6. Scientific
• 7. Real
• 8. Digital

16. .
• Law related to evidence and proof is nothing but rules that
must be observed in particular situations before certain
forums.
• If the other party in a legal proceeding admits guilt, all is
well. The other party can also deny the allegations in the
plaint and the existence of certain facts ma be called into
question.
• Then the parties or their witnesses have to give evidence in
the court of law so that the court may decide whether the
facts exist or not. Interpretation of agreed facts is a rarity
and in most cases the existence or non existence of facts as
to be shown and therefore, the law of evidence plays a very
important role.

17. Illustration:
• X has entered into a contract with Y to sell his house for an amount of
INR 10,000.
• In case of a breach of contract of contract by either X or Y, a Court of Law
cannot decide the rights and liabilities unless the existence of such a
contract is proved.
• In Indian Evidence Act, we will study who is a competent witness, on
whom does the burden of proof lie and other things.
•

18. ARE SUCH RULES NECESSARY
• The rules and regulations of evidence are essential.
• One view says that the court has to arrive at the truth and hear all there
is to a case and then arrive at a just conclusion.
• And accordingly, the law of evidence poses a hindrance with its
qualifications and requisites.
• Other view says that without rules it will take ages to resolve any case
and it is too much discretion at the hands of men who will remain
unchecked.
• The Indian Evidence Act, 1872 maintains the right proportion of rules
that are not too pedantic or too discretionary.
• Rules of the law of evidence have to be strong so that the foundation of
the administration of justice remain intact and strong.
• It can also be said that the Act seeks to enact a correct and uniform rule
to followed and prevent indiscipline in admitting evidence.

19. THE LAW OF EVIDENCE IS THE LEX FORI
•Law of evidence is part of the law of procedure. That
why it is called the lex fori or the law of the court or
forum.
•It means that Indian courts know and apply only the
Indian law of evidence.
•Thus, the competency of a witness, whether a fact is
proved or not is determined by the law of the
country where the question arose, where the
remedy is sought to be enforced and where the
court sits to enforce it.

20. For example
• If a legal proceeding is going on in Sri Lanka and evidence is taken in
India for the said proceeding whether by commission or by assistance
of courts in India, the law which will be applied during such recording
of evidence will Sri Lankan Law of Evidence

21. THE LAW OF EVIDENCE IS THE SAME IN CIVIL AND
CRIMINAL PROCEEDINGS
• A civil case of will and murder will have the same law
of evidence.
• For example, the date of death has to be clarified or
confirmed for the will to come into existence and a
murder date has to be set for proceeding further with
the criminal investigations too.
• There are, however, certain sections that apply
exclusively to civil matters and others that apply
exclusively to criminal cases.

22. .
• In civil cases, mere preponderance of evidence may be enough but in
criminal cases the prosecution must prove its case beyond reasonable
doubt and leave the other alternatives presented very unlikely and
highly suspect.

23. BASIC PRINCIPLES OF EVIDENCE
• The Act deals with Relevancy of Facts, Mode of Proof and Production
and Effect of Evidence.
• The following principles are called the basic principles and The
exceptions to the above principles, the exact application has been set
out very clearly in the Act:
1. Evidence must be confined to the matters in issue.
2. Hearsay evidence may not be admitted.
3. The best evidence must be given in all cases.
4. All facts having rational probative value are admissible in evidence,
unless excluded by a positive rule of paramount importance.

24. Preamble
• WHEREAS it is expedient to consolidate, define and amend the law of
Evidence; it is hereby enacted as follows

25. Object
• The object of the preamble of the act is to indicate what was the
intention / object of the legislature in passing the act, which is –
• 1) consolidate – bring together, gather etc.
• 2) define – lay down the precise meaning
• 3) amend – make a few changes

26. .
• One great object of the evidence act is to prevent laxity in the
admissibility of evidence, and to introduce a more correct and uniform
rule of practice than that which was previously in vogue.
• The act is not intended to do more than prescribe rules for the
admissibility or otherwise of evidence on the issues as to which the
courts have to record findings.

27. The main principles which underline the law
of evidence are
1)Evidence must be confined to the matter in issue ;
2)Hearsay evidence must not be admitted ; and
3)Best evidence must be given in all cases.

28. GENERAL PRINCIPLES OF CRIMINAL LAW
1.Burden of proof on the prosecution
2.Prosecution to prove guilt beyond reasonable doubt
3.Presumption of Innocence in favour of accused
4.When two versions possible, one favouring the accused
to be adopted
5.Burden always on prosecution, even if onus may shift to
the accused which can be discharged very easily
6.Nature of proof to be tendered by accused –
preponderance of probabilities
7.Strict interpretation of substantive criminal law –
interpretation favouring the accused

29. Short Title, extent and Commencement of Act
(sec. 1)
• This Act may be called the Indian Evidence Act, 1872.
 It extends to the whole of India
 except the State of Jammu and Kashmir and
 applies to all judicial proceedings in or before any Court
 including court martial's except the court martial's
convened under the army, navy and air force act.
• And it shall come into force on the first day of September, 1872.

30. SOME IMP DEFINITIONS (SEC 3 – INTERPRETATION
CLAUSE)
• "Fact" means and includes--
• (1) any thing, state of things, or relation of things, capable of being
perceived by the senses;
• (2) any mental condition of which any person is conscious.

31. Illustrations
• (a) That there are certain objects arranged in a certain
order in a certain place, is a fact.
• (b) That a man heard or saw something, is a fact.
• (c) That a man said certain words, is a fact.
• (d) That a man holds a certain opinion, has a certain
intention, acts in good faith or fraudulently, or uses a
particular word in a particular sense, or is or was at a
specified time conscious of a particular sensation, is a
fact.
• (e) That a man has a certain reputation, is a fact.

32. "Relevant."
• One fact is said to be relevant to another when the one is connected
with the other in any of the ways referred to in the provisions of this
Act relating to the relevancy of facts.

33. Fact in issue
• The expression "facts in issue" means and includes--
o any fact from which, either by itself or in connection with other facts,
o the existence, non-existence, nature or extent
o of any right, liability, or disability,
o asserted or denied in any suit or proceeding, necessarily follows.

34. .
• Explanation.--Whenever, under the provisions of the law for the time
being in force relating to Civil Procedure, any Court records an issue
of fact, the fact to be asserted or denied in the answer to such issue
is a fact in issue.

35. Illustrations
• A is accused of the murder of B.
At his trial the following facts may be in issue:--
1. that A caused B's death;
2. that A intended to cause B's death;
3. that A had received grave and sudden provocation from
B;
4. that A, at the time of doing the act which caused B's
death, was, by reason of unsoundness of mind,
incapable of knowing its nature.

36. "Document" means
• any matter expressed or described upon any substance
• by means of letters, figures or marks, or by more than one of those
means,
• intended to be used, or which may be used, for the purpose of
recording that matter..

37. Illustrations
• A writing is a document:
• Words printed lithographed or photographed are documents:
• A map or plan is a document:
• An inscription on a metal plate or stone is a document:
• A caricature is a document

38. "Evidence" means and includes-
•(1) all statements which the Court permits or requires
to be made before it by witnesses, in relation to
matters of fact under inquiry;
such statements are called oral evidence;
•(2) all documents [including electronic records]
produced for the inspection of the Court;
such documents are called documentary evidence.

39. .
• The word ‘evidence’ is derived from the latin word ‘evidens’ or ‘evidere’,
which means –
1.To show clearly;
2.To make clear to the sight;
3.To discover clearly;
4.To make plainly certain;
5.To ascertain;
6.To prove.
•

40. ANOTHER IMPORTANT TYPE OF EVIDENCE –
CIRCUMSTANTIAL EVIDENCE
• While appreciating circumstantial evidence, the
Court must adopt a cautious approach as
circumstantial evidence is "inferential evidence"
and proof in such a case is derivable by inference
from circumstances.
• In a case of circumstantial evidence, one must
look for complete chain of circumstances and not
on snapped and scattered links which do not
make a complete sequence.

41. .
• "proof does not mean rigid mathematical" formula since "that is
impossible". However, proof must mean such evidence as would
induce a reasonable man to come to a definite conclusion
• When a murder charge is to be proved solely on circumstantial
evidence, presumption of innocence of the accused must have a
dominant role.