The Evidence Act, 1872
Brief Explanation:
The Evidence Act was published on March 15, 1872, and came into effect on September 1, 1872. It is Act No. 1 of 1872 and contains 167 sections. It is a procedural law.
Chapter I: Short Title
Section 3 – Interpretation Clause:
The term “Court” refers to all Judges and Magistrates legally authorized to take evidence, and includes any person empowered by law to do so.
A “oral evidence” means any statement made by a witness before the court, which the court permits or requires to be made, regarding the matter of fact under inquiry.
“Proved” means that the court believes in the existence of a fact based on the evidence presented.
Section 4 – May Presume, Shall Presume, and Conclusive Proof:
When the Evidence Act declares one fact to be proof of another, the latter shall be considered conclusive proof.
If the court receives conclusive proof of a fact, it shall not allow the opposing party to disprove it by evidence.
Example: If a child is born within 280 days of a divorce, it is conclusively presumed to be the legitimate child of the couple.
Chapter II: Relevancy of Facts
Section 5 – Evidence may be given only regarding facts in issue and relevant facts:
If A is accused of murdering B by hitting him with a club with the intention of causing death, evidence cannot be given as to whether C, a friend of A, provoked him unless it is relevant.
A person who fails to bring the bond on which his suit is based to the first hearing shall not be allowed to produce it later unless permitted under the Civil Procedure Code.
Section 6 – Relevancy of facts forming part of the same transaction:
If A is accused of assaulting and killing B, the fact that several people were standing nearby during the incident is relevant.
Section 17 – Definition of Admission:
An admission is a statement, oral or written, which suggests any inference regarding a fact in issue or relevant fact and is made under circumstances described herein.
For example, a statement made by a party to a case, or someone with an interest in the subject matter, is an admission and may be used against them.
Section 19 – Admissions by persons whose authority is in question:
Statements made by a party regarding a person publicly mentioned in relation to the matter are considered admissions.
Section 24 – Confession caused by inducement, threat, or promise when irrelevant in criminal proceedings:
A confession shall be deemed irrelevant if made due to any inducement, threat, or promise having reference to the charge against the accused and held out by a person in authority, which appears to the court to have caused the accused to confess.
Section 25 – Confession to police officer not to be proved:
A confession made to a police officer shall not be proved against a person accused of any offense.
Section 26 – Confession by accused while in custody not to be proved unless made in presence of Magistrate:
A confession made while in the custody of police is inadmissible unless made in the presence of a Magistrate under Section 164 of the Code of Criminal Procedure.
Section 27 – How much of information received from accused may be proved:
If, following the confession of a detained robber, the police recover stolen jewelry from his house, this part of the confession is admissible in evidence as it directly relates to the fact discovered.
Section 28 – Confession made after removal of inducement, threat, or promise is relevant.
Section 29 – Confession otherwise relevant not to become irrelevant because of promise of secrecy or other grounds.
Section 30 – Consideration of proved confession affecting co-accused:
A proved confession affecting both the confessor and a co-accused jointly tried for the same offense may be taken into consideration by the court.
Section 31 – Admissions not conclusive proof but may operate as estoppel.
Section 32 – Statements by persons who cannot be called as witnesses:
Statements made by a person who is dead or cannot be found are relevant when they relate to:
The cause of their death (dying declaration)
Made in the course of business
Against the interest of the person making it
Concerning public rights or customs
Relating to the existence of a relationship
In family documents such as wills or deeds
Documents mentioned in Section 13(a)
Opinions about feelings of other persons
Dying declarations are not admissible unless the declarant actually dies.
Section 33 – Relevancy of certain evidence for subsequent proceedings:
Evidence given by a witness in a judicial proceeding is relevant in later proceedings if the witness is dead or cannot be found.
Section 34 – Entries in books of account when relevant:
Entries in official or private account books or registers are relevant if made by a public servant in the discharge of official duties.
Section 38 – Relevancy of statements in law books:
When the court needs to form an opinion on the law of a foreign country, statements in published books or reports of decisions of foreign courts are relevant evidence.