Introduction

The Indian Evidence Act, of 1872 is a comprehensive law that governs the admissibility and relevance of evidence in legal proceedings in India. Evidence plays a crucial role in determining the outcome of legal proceedings, and the Indian Evidence Act lays down the rules and guidelines for presenting and assessing evidence in various types of cases. In this article, we will discuss the definition and significance of evidence, as well as the provisions of Chapter I of the Indian Evidence Act, which covers preliminary matters.

Definition and significance of evidence in legal proceedings:

Evidence refers to any material or information that is presented in court to prove or disprove a fact in issue. It includes documents, objects, oral testimony, and even electronic or digital data. Evidence is crucial in legal proceedings as it helps the court to arrive at a just and fair decision based on facts and evidence rather than speculation or assumptions.

Chapter I – Preliminary:

The Indian Evidence Act is divided into three parts, with Chapter I covering the preliminary matters. Let us take a closer look at the provisions of this chapter:

1. Short title, extent, and commencement:

Section 1 of the Indian Evidence Act states that the law may be called the Indian Evidence Act, 1872. The Act extends to the whole of India except for the state of Jammu and Kashmir. The provisions of the Act came into force on the 1st of September 1872.

2. Interpretation clause:

Section 2 of the Act provides the interpretation clause. It defines the various terms used in the Act such as “Court,” “fact,” “proved,” “disproved,” “document,” “oral evidence,” “presumption,” “evidence,” “prove,” and “disprove.”

3. Act to be supplemental to the Indian Penal Code and not affect special laws:

Section 3 of the Indian Evidence Act specifies that the Act is meant to be supplemental to the Indian Penal Code and not to affect any special or local laws. The provisions of the Act are to be read in conjunction with the provisions of other laws.

4. Nothing contained in this Act to affect the Indian Oaths Act, 1873:

Section 4 of the Act clarifies that the Indian Evidence Act does not affect the provisions of the Indian Oaths Act, 1873. The Indian Oaths Act deals with the administration of oaths and affirmations in various legal proceedings.

5. Saving of certain laws:

Section 5 of the Indian Evidence Act provides that the Act does not affect the provisions of any other law for the time being in force. Any provision of any other law that is inconsistent with the provisions of the Indian Evidence Act will prevail over the provisions of this Act.

Chapter II of the Indian Evidence Act, of 1872 deals with the relevancy of facts in legal proceedings.

This chapter consists of sections 6-55A. Here’s a detailed explanation of each section:

Section 6: Relevancy of facts: This section states that facts are relevant if they are connected with the matter in issue. The term “matter in issue” refers to the subject of the dispute that needs to be proved in court. Facts that are not connected with the matter in issue are irrelevant and cannot be admitted as evidence.

Section 7: Facts that need not be proved: This section states that certain facts do not require proof in court. These include facts that are judicially noticeable, facts admitted by the parties, and facts that are capable of being proved without evidence. For example, it is not necessary to prove that the sun rises in the east, as this is a fact that is judicially noticeable.

Section 8: Motive, preparation, and previous or subsequent conduct: This section states that the motive, preparation, and previous or subsequent conduct of a person are relevant if they are connected with the matter in issue. For example, if a person is accused of murder, evidence of their previous violent behavior may be admissible to prove their motive.

Section 9: Facts necessary to explain or introduce relevant facts: This section states that facts that are necessary to explain or introduce relevant facts are themselves relevant. For example, if a witness testifies that they saw a person commit a crime, evidence of their relationship with the accused may be admissible to explain how they knew the accused.

Section 10: Things said or done by conspirators in reference to common design: This section states that statements or actions made by a conspirator in reference to a common design are relevant if they are made in furtherance of the conspiracy. For example, if a group of people conspires to commit a crime, statements made by one conspirator to another about the crime may be admissible as evidence.

Section 11: When facts not otherwise relevant become relevant: This section states that facts that are not otherwise relevant may become relevant if they make the existence or non-existence of a fact in an issue more or less probable. For example, evidence of the weather conditions on the day of a crime may be admissible if it is relevant to whether the accused could have committed the crime.

Section 12: In suits for damages, facts tending to enable a court to determine the amount are relevant: This section states that in suits for damages, facts that enable the court to determine the amount of damages are relevant. For example, evidence of the plaintiff’s medical expenses may be admissible to determine the amount of damages to be awarded.

Section 13: Facts relevant when right or custom is in question: This section states that facts that are relevant when the existence of a right or custom is in question are admissible. For example, evidence of the customs of a particular community may be admissible to determine the rights of individuals within that community.

Section 14: Facts showing the existence of the state of mind, or of body or bodily feeling: This section states that facts that show the existence of a state of mind or body are relevant. For example, evidence of a person’s mental or physical condition may be admissible if it is relevant to the matter in issue.

Section 15: Facts bearing on the question of whether the act was accidental or intentional: This section states that facts that bear on the question of whether an act was accidental or intentional are relevant. For example, evidence of the accused’s actions before and after a crime may be admissible to determine whether the crime was committed intentionally.

Section 16: When the statement forms part of a conversation, document, electronic record, book or series of letters or papers, When any statement is made during the course of a conversation, electronic record, document, book, series of letters or papers, any other part of which is given in evidence, then the such statement is also admissible as evidence, if it is relevant to the subject matter of the proceeding, and it has been made by a person who was present or who had the opportunity to know about the matter.

Section 17: Admission of a party to the proceeding, Any statement made by a party to the proceeding or by any person who has an interest in the outcome of the proceeding, if it is against his interest, is relevant and admissible as evidence.

Section 18: Admission by persons expressly referred to by party to the proceeding, Any statement made by a person to whom a party has expressly referred for information in reference to a matter in dispute, is relevant and admissible as evidence.

Section 19: Judgments of courts of justice, when relevant, Judgments, orders, or decrees of a court of justice, in India or outside India, when such judgment, order or decree is relevant to the matter in issue, are admissible as evidence.

Section 20: Admission of certified copies of public documents, Certified copies of public documents are admissible as evidence.

Section 21: Proof of documents by production of certified copies, Documents may be proved by the production of certified copies of the original.

Section 22: Oral admissions as to the contents of a document, Oral admissions as to the contents of a document are admissible as evidence.

Section 23: Opinion of third persons, when relevant, Opinions of third persons on any relevant matter are admissible if they are experts in their respective fields.

Section 24: Confession by accused while in custody of police not to be proved against him, No confession made to a police officer, while in custody, shall be proved as evidence against the accused.

Section 25: Confession to police officer not to be proved, No confession made to a police officer shall be proved as evidence against the accused.

Section 26: Confession by accused while in custody of a magistrate, A confession made by an accused person while he is in the custody of a magistrate, and is not made in the presence of a police officer, shall be admissible in evidence against the accused.

Section 27: How much of information received from accused may be proved, When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

Section 28: Confession made after removal of impression caused by inducement, threat or promise relevant, If a confession appears to have been caused by any inducement, threat or promise having reference to the charge against the accused person, and proceeding from a person in authority, and if the person making the confession was under the impression that by making it he would gain some advantage or avoid some evil, the confession shall not be considered as voluntary and shall not be admitted as evidence against the accused.

Section 29: Confession otherwise relevant not to become irrelevant because of the promise of secrecy, etc., A confession which is otherwise relevant shall not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when the accused person was drunk or otherwise incompetent to understand the nature and consequences of the confession.

Section 30: Consideration of motive, preparation, and previous or subsequent conduct, This section allows the court to consider the motive of a person in relation to a fact in issue if it is relevant. It also allows the court to consider the preparation made by a person in relation to a fact in issue if it is relevant. Additionally, the court can consider the previous or subsequent conduct of a person if it is relevant.

Section 31: Evidence of Relevancy of Facts forming part of same transaction, This section deals with the admissibility of evidence relating to a fact in issue as well as other facts that are relevant and form part of the same transaction. Such evidence is admissible to prove the fact in issue.

Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant, This section allows the admissibility of a statement made by a person who is dead, whether the statement was made orally or in writing, and whether or not the person who made the statement was under oath at the time of making the statement. The statement must be relevant to the fact in issue and made by a person who had personal knowledge of the fact.

Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated, This section deals with the admissibility of evidence in a subsequent proceeding to prove the truth of facts stated in a document, electronic record or any other material produced by a person in legal proceedings, if the person who produced the material is not available to testify.

Section 34: Entries in books of account, including those maintained in an electronic form, This section allows the court to consider entries in books of account or other documents, including electronic records, as evidence of any fact stated therein, if the entries were made in the regular course of business and it was the regular course of business to make such entries.

Section 35: Relevancy of entry in public record made in the performance of duty, This section deals with the admissibility of entries made in public records by a public officer in the performance of his duty. Such entries are admissible as evidence of the facts stated therein.

Section 36: Relevancy of statements in maps, charts, and plans, This section allows the court to consider statements made in maps, charts, and plans as evidence of the facts stated therein, if the map, chart or plan was prepared for a public purpose and was made by a public officer in the discharge of his official duty, or was prepared under the authority of a public officer.

Section 37: Relevancy of statement as to fact of public nature contained in certain Acts or notifications, This section deals with the admissibility of statements contained in certain Acts or notifications, which are of a public nature, as evidence of the facts stated therein.

Section 38: Relevancy of statement as to fact of public nature contained in certain registers or records, This section allows the court to consider statements contained in certain registers or records, which are of a public nature, as evidence of the facts stated therein.

Section 39: What evidence to be given when a statement forms part of a conversation, document, electronic record, book, or series of letters or papers, This section deals with the admissibility of a statement that forms part of a conversation, document, electronic record, book or series of letters or papers. Such a statement can be considered along with other relevant facts in determining the truth of the matter stated in the statement.

Section 40: Previous judgments relevant to bar a second suit or trial, This section deals with the relevancy of judgments in civil and criminal cases. According to this section, the existence of a previous judgment that has already been pronounced by a court of competent jurisdiction is relevant in subsequent cases. If the previous judgment dealt with the same matter in dispute, the second suit or trial is barred by res judicata, which means the matter has already been decided by the court.

Section 41: Relevancy of certain judgments in probate, etc., jurisdiction, This section states that a judgment of a court in a probate, matrimonial, admiralty or insolvency jurisdiction is relevant only when the matter decided was relevant to the matter in issue.

Section 42: Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41, This section provides that a judgment, order, or decree passed in any proceeding other than those mentioned in section 41 is relevant if it relates to a matter in issue in the subsequent proceeding. Such a judgment, order, or decree is binding between the same parties and their representatives, except where it has been set aside or reversed.

Section 43: Judgments, etc., other than those mentioned in sections 40 to 42, when relevant, This section provides that judgments, orders or decrees which are not covered under sections 40 to 42 are also relevant if they relate to the matter in issue in the subsequent proceeding.

Section 44: Fraud or collusion in obtaining judgment or incompetency of Court, This section deals with the relevancy of judgments, orders, or decrees that have been obtained by fraud or collusion. Such judgments are not relevant, except in a proceeding to establish such fraud or collusion. Similarly, a judgment passed by an incompetent court is not relevant.

Section 45: Opinions of third parties when relevant, This section deals with the admissibility of opinions of third parties. According to this section, the opinion of a third party on any relevant fact is admissible if it is based on his personal knowledge or experience, and if it appears to the court that such knowledge or experience is relevant to the matter in issue.

Section 46: Facts bearing on question whether act was accidental or intentional, This section states that in cases where the question is whether an act was accidental or intentional, any fact which suggests that the act was intentional is relevant.

Section 47: Opinion as to handwriting, when relevant, This section deals with the admissibility of opinions regarding handwriting. According to this section, when the court has to form an opinion about the handwriting of any person, any person who is acquainted with that person’s handwriting is competent to give evidence as to the genuineness of the handwriting.

Section 48: Opinion as to digital signature, when relevant, This section deals with the admissibility of opinions regarding digital signatures. According to this section, when the court has to form an opinion about the digital signature of any person, any person who is acquainted with that person’s digital signature is competent to give evidence as to the genuineness of the digital signature.

Section 49: Opinion as to existence of right or custom, when relevant, This section states that any person who is an expert in the matter is competent to give an opinion regarding the existence of any right or custom.

Section 50: Opinion as to usages, tenets, etc., when relevant, This section deals with the admissibility of opinions regarding usages and tenets. According to this section, any person who is an expert in the matter is competent to give an opinion regarding the existence of any general custom or right, or of any particular usage or tenet, of any body of men or family.

Section 51: When witness may be contradicted, This section explains the circumstances under which a witness may be contradicted. According to the section, any witness may be contradicted when he has been previously contradicted by other evidence that has been given to the court or when the witness is giving evidence in a proceeding other than the one in which he is presently testifying. It also states that a witness may be contradicted when he has made a prior inconsistent statement.

Section 52: Previous judgments relevant to bar a second suit or trial, This section deals with the relevancy of previous judgments in subsequent suits or trials. According to the section, any judgment, order, or decree which has been pronounced by a court of competent jurisdiction is relevant when it is being used to show that a subsequent suit or trial is barred by res judicata. The section also provides that any judgment, order, or decree which has been pronounced in a criminal proceeding is relevant when it is being used to show that the person concerned has committed an offence.

Section 53: Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent, This section deals with the burden of proof in cases involving relationships such as partners, landlord and tenant, principal and agent. According to the section, when it is alleged that a person is a partner, landlord, or tenant, or that he acted as an agent on behalf of another, the burden of proving that relationship is on the person who asserts it.

Section 54: Burden of proof as to ownership, This section deals with the burden of proof in cases involving ownership of property. According to the section, the burden of proving ownership of movable property is on the person who claims it. However, in the case of immovable property, the person who is in possession of the property is presumed to be the owner unless it is proven otherwise.

Section 55: Burden of proof as to existence of right or custom, This section deals with the burden of proof in cases involving the existence of a right or custom. According to the section, the burden of proving the existence of a right or custom is on the person who claims it.

Section 55A: Presumption as to certain offences, This section was added by the Criminal Law (Amendment) Act, 2013, and deals with the presumption as to certain offences against women. According to the section, in cases where a man is accused of committing an offence against a woman, the court may presume that he has committed such an offence unless he can prove otherwise. The offences covered under this section include rape, assault with intent to outrage modesty, and acid attack.

Conclusion:

The Indian Evidence Act is a critical piece of legislation that lays down the rules and guidelines for presenting and assessing evidence in legal proceedings in India. Chapter I of the Act deals with preliminary matters such as the interpretation of terms used in the Act, the applicability of the Act to other laws, and the saving of certain laws. A clear understanding of these provisions is essential for anyone involved in the Indian legal system, be it a lawyer, judge, or litigant.