Admissibility of evidence under the indian evidence act. Law of evidence has been recognized as a distinct category because it consists of elements of both substantive as well as procedural law. Indian evidence act, 1872 full bare act pdf download. The indian evidence act, 1872 west jaintia hills district. No new trial for improper admission or rejection of evidence. In this case, dvr which contains the information is before the court. Court, give his evidence from the witness box or other place from which the other witnesses give their evidence. Section 65a and 65b have been added by information technology act,2000. Various kinds of evidences according to the indian evidence act, 1872 are. The indian evidence act, originally passed in india by the imperial legislative council in 1872, during the british raj, contains a set of rules and allied issues governing the admissibility of evidence in the indian courts of law. Indian evidence act, 1872 bare acts law library advocatekhoj. Whenever, under the provisions of the law for the time being in force relating to civil procedure, 1 any. Topics the indian evidence act 1872 collection opensource language english. The assignment has been prepared as a part of our course condition of crm 314, the evidence act, 1872.
At that time, india was a part of the british empire. Our mission is to provide an online platform to help students to discuss anything and everything about essay. It is positive in nature and creates a great impact on the case and establishes facts of the particular case. The evidence act 1872 is divided into three parts, 11 chapters and constitutes of 167 sections. At the trial a witness c, on behalf of the prosecution, gives evidence that he saw a running away from the murder place, with blood stained knife in his hand, evidence given by c will be called circumstantial evidence. Generally dying declarations are admissible as evidence under a. Section 65b of indian evidence act, 1872 information. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. Oral evidence oral evidence is described in section 60 of the indian evidence act, 1872. Evidence as to application of language which can apply to one only of several persons. The indian evidence act, 1872 legislative department ministry of.
You can get this pdf for free or by paying any small amount you like. Procedure to be followed to contradict a witness us 145bhagwan singh v. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Whereas it is expedient to consolidate, define and amend the law of evidence it is. Shankar boseshankar boseinspector of incometaxinspector of incometaxmstu, purimst slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Remoral of incapacity to tstity from crime or mteresr 3. It refers to the extent of applicability of the act to judicial. In this act the following words and expressions are use in the following sense. It is a procedural law which plays an important role in deciding civil and criminal cases in the present day bangladesh. The focus of this assignment is to find out the strengths and weaknesses of the evidence act, 1872. The evidence actpdf icrc databases on international. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to. Evidence as to meaning of illegible characters, etc.
Electronic evidence under indian evidence act, 1872 by. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. Vindhya pradesh is a part of the state of madhya pradesh now, see act 37 of 1956. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. Communication, acceptance and revocation of proposals. Extent it extends to the whole of bangladesh and applies to all judicial proceedings in or be fore any court, including courtsmartial, other than courtsmartial convened under the 3 army act, 1952, the naval discipline ordinance, 1961 or the air force act, 1953 but not to. Subject to any other law, evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue, and of such other facts as are. Important definitions under indian evidence act, 1872. Pdf strength and challenges of the evidence act 1872. Motive, preparation and previous or subsequent conduct. Adjective laws are further divided into procedural laws and law of evidence.
An admission by a party is substantive evidence if it fulfils the requirements of section 21 of the evidence act admissions are usually telling against the maker unless reasonably explained. Section 1 of the indian evidence act, 1872 bears the heading short title, extent and commencement. Saving of provisions of indian succession act relating to wills. Best lecture on indian evidence act introduction section. The indian evidence act, originally passed in india by the imperial legislative council in 1872. This act applies to all judicial proceedings in or before any court, application including courtsmartial, other than courtsmartial convened under any of act. The indian evidence act, 1872 legislative department. Things said or done by conspirator in reference to common design. Electronic evidence under indian evidence act by roopali lamba download pdf the author, roopali lamba is a 3rd year student of chander prabhu jain college of higher studies and school of law. Full text containing the act, indian evidence act, 1872, with all the sections, schedules.
This article is written by anjali dhingra, iind year student, b. Indian evidence act, 1872 all blue texts in this pdf are links and open in your phones browser. Sections 32 and 33 of the evidence act are exceptions to the general rule that hearsay evidence is not admissible. Indian evidence act 1872 for law students in easy language. Multiple choice questions on indian evidence act especially compiled for upsc, civil services, ias and indian judicial examinations. Here is a beautiful, mobile perfect pdf for indian evidence act, 1872. The indian evidence act 1872 pdf in gujarati bharatiya.
The main motto of this act was to set a fixed rule for all, regarding the admissibility of evidence in indian courts. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in. The indian evidence act, 1872 section 1731 deal with the provisions related to admission and confessions and their relevancy. Unless a contrary intention appears from the context court includes all judges and magistrates, and all persons, except arbitrators, legally authorized to take evidence. Download free sample and get upto 81% off on mrprental. This website includes study notes, research papers, essays, articles and other allied information submitted by. This video session explain about judicial proceeding.
Expert witnesses under the indian evidence act, 1872. I of 1872 section 3statements in fir which do not come in evidence cannot be used in finding the accused guilty of charge. There is no necessary requirement of the statement containing the admission having to be put to the party because it is evidence proprio vigore. This act may be called the indian evidence act, 1872. Who may give evidence of agreement varying terms of document. Indian evidence act of 1872 has 3 parts, 11 chapters and 167 sections. Indian evidence act, 1872indian evidence act, 1872presented by.
All about admissions under the indian evidence act, 1872 legal news india, legal news world, supreme court, supreme court of india, delhi high court. Online burmamyanmar library, asian studies www virtual library pdf of law. Admission defined an admission is a statement,8aoral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the. Whereas it is expedient to consolidate, define and amend the law of evidence. Presumption gazettes, newspapers, private acts of parliament and other documents. The indian evidence act 1872 addeddate 20150724 04. It is the statement of a person who had died explaining the circumstances of his death. Extent it extends to the whole of bangladesh and applies to all judicial proceedings in or be fore any court, including courtsmartial, other than courtsmartial convened under the 3 army act, 1952, the naval discipline ordinance, 1961 or the air force act. These are the evidence which the person giving has himself seen or heard. It examines strength and weakness of current evidence act in bangladesh. If an electronic record as such is used as primary evidence under section 62 of the indian evidence act, 1872 the same is admissible in evidence, without compliance with the conditions in section 65b of the evidence act. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. It extends to the whole of india 1except the state of jammu and kashmir and applies to. Over a period of more than 125 years since its enactment, the indian evidence act has basically retained its.
The act has been extended to the state of sikkim w. In this article, the author discusses the expert witness under the indian evidence act, the evidentiary value of his opinion and the difference between the testimony of a layman and an expert. Use the section index box below to read a particular section quickly in. Admissions and confessions under indian evidence act,1972. The paper was submitted as assignment and is shared for humanitarian purposes. Section321 of indian evidence act, word dying declaration means a statement written or verbal of relevant facts made by a person, who is dead.
745 1348 1239 660 14 1337 868 516 258 999 461 540 401 364 1654 771 268 1665 1260 289 1610 585 542 901 803 468 1193 1192 1438 1131 100 1661 1172 327 1311 1435 1491 1220 577 633 199 748 261