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IEA 01 - Class Notes - LAW FOUNDATION HINGLISH

The Indian Evidence Act 1872 was drafted by Sir James Stephen and enacted in 1872 to codify the laws of evidence in British India. It was established in response to the lack of clear evidentiary standards and legal chaos in the court system prior to its enactment. The Act lays out fundamental principles for courts to determine the admissibility and reliability of evidence in civil and criminal proceedings. It regulates the relevancy of facts and statements, admission of proofs, examination of witnesses, and appreciation of evidence.

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43 views11 pages

IEA 01 - Class Notes - LAW FOUNDATION HINGLISH

The Indian Evidence Act 1872 was drafted by Sir James Stephen and enacted in 1872 to codify the laws of evidence in British India. It was established in response to the lack of clear evidentiary standards and legal chaos in the court system prior to its enactment. The Act lays out fundamental principles for courts to determine the admissibility and reliability of evidence in civil and criminal proceedings. It regulates the relevancy of facts and statements, admission of proofs, examination of witnesses, and appreciation of evidence.

Uploaded by

aryanjaiswal10581
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAW FOUNDATION

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• Click to edit Master text styles Batch For
• Second level • Judiciary Aspirants
• Third level • CLAT Aspirants (Legal Aptitude)
• LLB Students
• Fourth level
• Fifth level

IEA-01
Introduction to
INDIAN EVIDENCE ACT

SHIVANI SOLANKI
5/17/2023 PRESENTATION TITLE 1
Daily Targets
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1 Introduction to IEA 1872
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2• Second level
Basics of IEA 1872
• Third level
• Fourth level
3 Objective/Function of the Law of Evidence
• Fifth level

4 Law of Evidence in CIVIL & CRIMINAL Proceeding

5 3 Fundamentals of IEA

6 IEA 1872 Regulates what all?

5/17/2023 PRESENTATION TITLE 2


Introduction to IEA 1872
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1. The Charter of 1726 established English
• Clickcommon
to edit Master
law and textstatutory
styles law in the
• Second level Towns of Calcutta, Madras, and
Presidency
• Third level
Bombay.
2. There• was
Fourthnolevel
definite law of evidence
3. Customs• and Fifth level
usages governed the laws of
evidence.
4. In terms of admitting evidence, the courts had
complete discretion.
5. In the lack of any specific standards governing
the law of evidence, the entire administration
of justice in courts was in complete chaos.

5/17/2023 PRESENTATION TITLE 3


Introduction to IEA 1872
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Maine Commission
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1. The Law of Evidence was in desperate need of
• Click to edit Master text styles
codification.
2. • In 1868, level
Second a commission was formed to create the
Law of Evidence under the chairmanship of Sir
• Third level
Henry •Maine. But Maine’s bill was rejected since it
Fourth level
did not meet all of
• Fifth the requirements at the time.
level

Stephen Commission
1. It was established in 1871 to write the Law of
Evidence. On March 31, 1871, Stephen delivered
the Council a draft of the Bill.
2. After receiving their feedback, the Bill was
submitted to the Select Committee, which made
the required changes before presenting it to the
5/17/2023
Council, which enacted it as The Indian Evidence
PRESENTATION TITLE 4
Act, 1872. (Act No. 1 of 1872).
Basics of IEA 1872
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Indian Evidence act 1872-
1. Drafted by – Sir James Stephen
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2. Act no. 1 of 1872
• Second level
3. Came into force on – 1st September 1872
• Third level
4. Total- 3• parts, 11 chapters, 167 sections
Fourth level
5. Subjects of• concurrent
Fifth level list- i.e List III, Entry 12
Nature of IEA
1. Lex fori (law of court/law of land)
2. Procedural law
3. Adjective law
4. Not exhaustive
LEX FORI-Competency of the witness weather of fact is proved or not is
determined by law of the country with the question arose with the
5/17/2023 is sought to be enforced and where the courts
remedy PRESENTATION TITLE it
its to enforce 5
Objective/Function of the Law of Evidence
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1. To ascertain the truthfulness of such assertions made by the
• parties.
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2. It helps judges in deciding the rights and liabilities of the
• Second level
parties arising out of the facts presented to him
• Third level
3. lays down the principles and rules according to which the
• Fourth level
facts of a case may be proved or disproved in the Court of
• Fifth level
Law.
4. It helps the Courts in preventing the wastage of time upon
irrelevant issues.

Ram Jas v. Surendra Nath


The law of evidence does not affect the substantive rights of the
parties but facilitates the course of justice. It lays down rules of
guidance for the Courts. It is procedural in nature, proving how
a fact can be proved
5/17/2023 PRESENTATION TITLE 6
Law of Evidence same in CIVIL & CRIMINAL Proceeding
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CIVIL CASES CRIMINAL CASES
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• Second level
• Third level
• Fourth level of
Mere preponderance Case must be proved
evidence •is Fifth
enoughlevel beyond reasonable doubt

5/17/2023 PRESENTATION TITLE 7


3 Fundamentals/basic principles of IEA
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• Click to edit Master text styles
• Second level
Evidence must be Best evidence must Hearsay Evidence
• Third level
read with be given must be excluded
• Fourth level
Fact in Issue
• Fifth level

5/17/2023 PRESENTATION TITLE 8


IEA 1872 Regulates
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• Second level
Relevancy of level Admissibility
• Third Examination Appreciation &
Facts & Statement of proofs of witnesses Reliability of Evidence
• Fourth level
• Fifth level

5/17/2023 PRESENTATION TITLE 9


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• Second level
• Third level
• Fourth level
• Fifth level

5/17/2023 PRESENTATION TITLE 10


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• Second level
• Third level
• Fourth level
• Fifth level

5/17/2023 PRESENTATION TITLE 11

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