Indian Evidence Act-1 PDF
Indian Evidence Act-1 PDF
Indian Evidence Act-1 PDF
Application of IEA
Indian Evidence Act applies to all judicial proceedings in or before any Court, including Courts-
martial, other than Courts-martial convened under the Army Act, the Naval Discipline Act or the
Indian Navy (Discipline) Act, 1934 or the Air Force Act but not to affidavits presented to any
Court or officer, nor to proceedings before an arbitrator.
Applicable –
(i) Judicial proceedings in or before any Court
(ii) Judicial proceedings in or before any Court including Courts-martial,
Not applicable
(i) Administrative Proceeding
(ii) Tribunal – In the case of Union of India vs. T.R. Verma (1957) Supreme Court observed,
“The Indian Evidence Act has no application to enquiries conducted by tribunals. The law only
requires that tribunals should observe rules of natural justice.
(iii) Courts-martial convened under the Army Act, the Naval Discipline Act or the Indian Navy
(Discipline) Act, 1934 or the Air Force Act
(iv) Affidavits. Although IEA is not applicable to affidavits but proving facts by affidavit is not
barred. In practice facts are proved by affidavit.
(v) Proceedings before an arbitrator.
1
It is available on http://egazette.nic.in/WriteReadData/2019/210407.pdf. Last visited January 7, 2020.
Facts
Capable of being
Perceived by senses
Of which
There are two types of „Fact‟ namely; (1) Physical Fact (2) Psychological Fact
Illustrations
(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.
Facts in issue
There are two ingredients of facts in issue –
(1) There must be fact.
(2) That fact must be disputed between parties.
Facts in issue
Fact
From which
Of any
(RLD)
Asserted or Denied
In any
Suit or Proceeding
Necessarily follows
“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”.
Remarks – after considering the matters before it …It is mandatory for the Court first of all to
consider (Perusal) the matters before it, then come to the conclusion regarding existence or non-
existence of fact. after considering the matters before it….this compels judges to take rational
decision. It controls capricious mind of judges.
Proved (Existence)
Court
(1) either believes it to exist or (2) considers its existence so probable that
Disproved (Non-existence)
(1) Oral Evidence - 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) Documentary Evidence - all documents including electronic records produced for the
inspection of the Court; such documents are called documentary evidence.
Evidence
Permit or Require (Even you are not interested but Court may compel you to give evidence
By witness
(Only witness can give evidence. So this definition in rigid term is defective. It does not cover
confession or admission made by accused).
Presumption of
May presume–Whenever it is provided by this Act that the Court may presume a fact, it may
either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
Shall presume–Whenever it is directed by this Act that the Court shall presume a fact, it shall
regard such fact as proved, unless and until it is disproved.
Conclusive proof-When one fact is declared by this Act to be conclusive proof of another, the
Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to
be given for the purpose of disproving it.
Common in all-
(1)..Court
(2) Regard such fact
(3) prove
May ..provided..
Shall ..directed..
Conclusive ..declared..
Court has option Party has option Court has no option Party has option
Court Party
No option No option
Section 5- Evidence may be given of facts in issue and relevant facts. ––Evidence may be
given in any suit or proceeding of the existence of non-existence of every fact in issue and of
such other facts as are hereinafter declared to be relevant, and of no others.
Explanation.–-This section shall not enable any person to give evidence of a fact which he is
disentitled to prove by any provision of the law for the time being in force relating to Civil
Procedure.
Section 5
Of
Explanation – Disentitled person shall be allowed to give evidence merely with the help of this
section.
Fact
Connected with
(Singular) (Plural)
When (Ill.(a))
Section6. Relevancy of facts forming part of same transaction -Facts which, though not in
issue, are so connected with a fact in issue as to form part of the same transaction, are relevant,
whether they occurred at the same time and place or at different times and places.
Illustrations
(a) Beating - A is accused of the murder of B by beating him. Whatever was said or done by A
or B or the by-standers at the beating, or so shortly before or after it as to form part of the
transaction, is a relevant fact.
(b) Waging War -A is accused of waging war against the Government of India by taking part in
an armed insurrection in which property is destroyed, troops are attacked and gaols are broken
open. The occurrence of these facts is relevant, as forming part of the general transaction, though
A may not have been present at all of them.
(c) Defamation -A sues B for a libel contained in a letter forming part of a correspondence.
Letters between the parties relating to the subject out of which the libel arose, and forming part
of the correspondence in which it is contained, are relevant facts, though they do not contain the
libel itself.
(d) Delivery of Goods -The question is, whether certain goods ordered from B were delivered to
A. The goods were delivered to several intermediate persons successively. Each delivery is a
relevant fact.
Summary – (1)Res Gestae – Relevancy of Res Gestae is an exception of „Rule of Hearsay‟.
(2) Sawal Das v. State of Bihar
(3) Sukhas Das v. State of U.P.
Section 7
Facts which are the occasion, cause or effect of facts in issue. –
Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts
in issue, or which constitute the state of things under which they happened, or which afforded an
opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) Robbery- The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with money in his possession, and that
he showed it, or mentioned the fact that he had it, to third persons, are relevant.
(b) Murder-The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was
committed, are relevantfacts.
(c) Administration of poison -The question is, whether A poisoned B.
The state of B‟s health before the symptoms ascribed to poison, and habits of B, known to A,
which afforded an opportunity for the administration of poison, are relevant facts.
Section 7
Facts
Immediate or otherwise
OF
Motive or Preparation
Suit or Proceeding
For