INTRODUCTION AND GENERAL CONCEPTS

IN LAW OF EVIDENCE
 The word “evidence” is originated from a Latin term “evidentia” which means to show clearly,
to make clear to the sight to discover clearly certain, to ascertain or to prove.

 Thus, evidence is something, which serves to prove or disprove the existence or non-existence
of an alleged fact.

 The party who alleges the existence of a certain fact has to prove its existence and the party,
who denies it, has to disprove its existence or prove its non-existence.
 However, all facts traditionally considered, as evidence may not be evidence in the eyes of
evidence law.

 Rather, evidence is something presented before the court for the purpose of proving or
disproving an issue under question.

 In other words, evidence is the means of satisfying the court of the truth or untruth of disputed
fact between the parties in their pleadings.
 The law of evidence is the body of legal rules developed and enacted to govern:

I. Facts that may be considered in court? This is the issue of relevant evidence that one should
adduce before the court to support his allegation.

II. Facts in issue

III. Facts relevant to facts in issue.

IV. The methods of securing consideration of these facts.

V. By proof.
a. Real (e.g. documentary, exhibits) evidence.
b. b. Oral evidence
 Certain facts, which need not be proved

I. Judicial notice- Facts so notorious as to facts in public knowledge, capable of being

verified by authoritative texts
II. Judicial admission (facts admitted in pleadings, at open court, in examination of parties, in
testimony etc.)
 The party that must secure consideration of what facts: This is about burden of proof and
degree of proof required to win the case.

 The law of evidence therefore means legal means, exclusive of mere arguments, which tend to
prove or disapprove any matter of fact the truth of which is submitted to judicial investigation.

 The law of evidence covers aspects on:

o Who should adduce evidence before the court?

o How to obtain such evidence?
o Procedures of adducing evidence
o Admissibility & Evaluation of evidence
o Application of the evidence to render final verdict
Nature of Evidence law: Where is the place of evidence law in relation to other laws?
 It is important to know the place of evidence law in relation to other laws.
 Laws may broadly be classified in to substantive and adjective.
 Adjective laws are concerned with the method of presenting cases to court proving them or
generally enforcing the rights and duties provided under the substantive laws.
 While substantive laws, are those that defines rights and duties.
 This forms the greater part of the law, it would seem that it is more important part, since it
defines what rights, privileges and duties one person may have against or owe another.
 However, the rights, privileges and duties that exist under such law will mean nothing unless
they can be enforced.
 This is why adjective law is just as important as the substantive law.
 Law of evidence is categorized under adjective law together with procedural laws, both
criminal and civil procedure.
 Of course, some scholars suggested that there will not be any problem if we incorporate rules
of evidence as one part of procedural law since they have similar purpose.

 However, the consensus has been reached in categorizing law of evidence as one part of
adjective law for the sake of establishing more effective system of adjudication of cases before
the court of law.
 Although one can see grains of evidence law in procedural laws, theirmain dealing is with how
pleadings can be framed, investigation conducted, evidence collected etc…
 This does not necessarily make the law of evidence to be part of procedural law.
 There are certain issues procedural laws never address and are left to evidence law.

For instance, in the procedural law you did not study about the standard of proof, facts to be
proved or need not be proved and the valve to be given to each term of evidence etc.

 These are left to evidence law therefore evidence law is not strictly speaking procedural law,
but shares the commonality with procedural laws in the sense that both are means to the
enforcement of the substantive law.

 Thus, evidence law suitably falls within the general category of Adjective laws, which deal
with the enforcement of the substantive law.
Purpose or significance of Evidence law:
 Evidence is the “Key” which a court needs to render a decision.
 Without evidence there can be no proof.
 Evidence provides the court with information. Proving facts through the presentation of
evidence mean convincing court to accept a particular version of events.
 Of course, one can search truth even through violating the constitutional rights of the parties.
 However, evidences obtained through unlawful means could not contribute for the
maintenance of justice in the future.
 So, the process of proof should be regulated by evidentiary rules and principles in order to
achieve accelerated, fair and economic Justice.
 In both criminal and civil proceedings, the law of evidence has a number of purposes. In short,
the law of evidence regulates the process of proof.
 The rule of civil and criminal evidence, in conjunction with the rules of procedure, establish
the frame work for the process of proof and the conduct of litigation, so that a lawyer advising
his client or preparing his case for trial or presenting it to the court or tribunal will know what
issues his client must prove in order to succeed.
Main features of Indian Evidence Act, 1872

1. The Indian Evidence Act 1872 is divided into three parts, 11 chapters and comprises of 167
sections. Part I of the act deals with the Relevancy of facts, Part II deals with proof and the
various kinds of evidence and Part III deals with the Production and Effect of evidence.
2. . The Act came into force on September 1, 1872.
3. . The Act applies to all judicial proceedings in a court including court martials other than
courts martial convened under the Army Act, the Naval Discipline Act, the Air force Act.
4. The Act is not exhaustive. There are many statutes which supplement the Evidence Act
Some of them are
a. CRPC
b. CPC
c. Bankers book evidence act
d. Stamp act
e. Indian Limitation Act
5. The Act deals particularly with the subject of evidence and its admissibility. It is a special law
which defines, consolidates and amends the laws of evidence.

6. The Act stipulates that evidence in a court must be given of facts in issue and relevant facts
alone.

7. The Act is dynamic in nature and has evolved with time. Two of the most recent
developments in the act came with Information Technology Act, 2000 and Criminal law
(amendment) act, 2013.
DEFINITION (SEC.3)- FACTS, FACTS IN ISSUE AND
RELEVANT FACTS, EVIDENCE AND ITS KINDS, PROVED,
DISPROVED, AND NOT PROVED, PRESUMPTIONS (SEC.4)
 “Fact”. — “Fact” means and includes—

 (1) anything, state of things, or relation of things, capable of being perceived by the senses;

 (2) any mental condition of which any person is conscious.

 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.
 “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.
 “Facts in issue”. —The expression “facts in issue” means and includes— any fact from which,
either by itself or in connection with other facts, the existence, non-existence, nature, or extent
of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily
follows.

 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.
 Illustrations A is accused of the murder of B.

At his trial the following facts may be in issue: —

That A caused B's death;
That A intended to cause B's death;
That A had received grave and sudden provocation from B;
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.
 “Evidence”. — “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.
 “Proved” .—A fact is said to be proved when, after considering the matters before it, the Court
either believes it to exist, or considers its existence so probable that a prudent man ought,
under the circumstances of the particular case, to act upon the supposition that it exists.

 “Disproved”. — A fact is said to be disproved when, after considering the matters before it,
the Court either believes that it does not exist, or considers its non-existence so probable that a
prudent man ought, under the circumstances of the particular case, to act upon the supposition
that it does not exist.

 “Not proved”. — A fact is said not to be proved when it is neither proved nor disproved.
Fact
The term “Fact” under the Evidence Act refers to the following:
 1. External Facts- Anything or state of a thing or relation of things which is capable of being perceived
by the five senses.
 2. Internal Facts- Any mental condition regarding which a person is conscious of.

The section further consists of the following illustrations:

The arrangement of certain objects in a certain order is a fact

A man hearing or seeing something is a fact
A man uttering certain words is a fact
A man holding a certain opinion, having certain intention, acting in good faith or in a fraudulent manner,
or using a particular word in a particular sense, or being or having been conscious of a particular
sensation at a given time is a fact
A man having a certain reputation is a fact
Events which have neither occurred in the past nor in the present but are likely to occur in the future
does not fall within the ambit of the definition of “Fact” under the Indian Evidence Act, 1872.