INTRODUCTION
The Imperial Legislative Council of India passed the Indian Evidence Act in 1872, during the British Raj, and it contains a set of regulations and related concerns governing admissibility of evidence in Indian courts of law.
The Indian Evidence Act, also known as Act No. 1 of 1872 or the Indian Evidence Act, 1872, was enacted on September 1, 1872, and comprises eleven chapters and 167 sections. India was part of the British Empire at the time. Since its inception more than 125 years ago, the Indian Evidence Act has mostly remained unchanged, with the exception of a few minor revisions from time to time.
• CHAPTER III
Facts which need not be proved- In any proceeding, no fact must be shown that the parties or their agents agree to accept at the hearing, or that they agree to admit before the hearing by any writing under their hands, or that they are presumed to have acknowledged by their pleadings under any rule of pleading in effect at the time.
• CHAPTER IV
Oral ordinance- Oral evidence cannot be used to prove the contents of documents and electronic data. It is held that if a person is called to testify about their documentation, the document becomes oral evidence, and documented evidence loses its value.
• CHAPTER V
Documentary evidence-
Rules- Secondary evidence of the contents of the documents referred to in Section 65, Clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his attorney or pleader, such notice to produce it as is prescribed by law, or if no notice is prescribed by law, such notice as the Court considers reasonable under the circumstances of the case.
• CHAPTER VI
Exclusion of oral by documentary evidence- Provision for the circumstance where contract terms, grants, or property depositions have been reduced in the document despite the fact that it is necessary by law to be decreased in the document. If proof is required, the document must be provided, or if secondary evidence is admissible, secondary evidence can be utilised.
• CHAPTER VII
i) Burden proof- Anyone who wants a court to rule on a legal right or liability based on the existence of facts he claims must first prove that such facts exist.
ii) On whom burden- In a lawsuit or case, the burden of proof falls on the party who would lose if no evidence was presented on either side.
iii) Particular proof- Unless a statute specifies that the burden of proof for that fact falls on a certain person, lies on the person who asks the Court to believe in its existence.
iv) Proved to make evidence- It is the responsibility of the person who intends to give such evidence to enable anyone to give testimony of any other fact.
• Chapter X
Examination of witnesses- Any witness may be asked whether any contract, grant, or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, should be produced, the opposing party may object to such evidence being given until such document is produced, or until facts have been proven which.
LANDMARK JUDGEMENT
• Kalyan kumar gogai V. Ashutosh agnihotri and anr.
This appeal is brought under Section 116A of the Representation of People Act, 1951 (“the Act” for short), and is directed against a judgement dated August 28, 2007, rendered by the learned Single Judge of the Gauhati High Court in Election Petition No. 4 of 2006, by which the appellant’s prayers to declare the election of the respondent No. 2, who is a returned candidate from the Legislative Assembly Constituency of Dibrugarh, void and to order a re-poll.
FACTS
As required by Section 31 of the Act and Rule 3 of the Conduct of Election Rules, 1961, a notice requesting nominations from qualified candidates to contest the Assam State Legislative Assembly Election for the 116 Dibrugarh Constituency was published, notifying the election timetable.
OVERVIEW
The duty of the person giving hearsay evidence is nullified, obliterating the goal of the evidence legislation, which requires every piece of evidence submitted in court to be made with responsibility and knowledge on the part of the person providing it. This is also because if something else happens, the person could be charged with lying to the court.
Hearsay evidence dilutes the truth that needs to be presented before the court, wasting the court’s and the other party’s time. If the courts allow hearsay evidence, it allows ample room for fraud, misrepresentation, and undue influence to occur, which is unjust for the party against whom the evidence is laid down.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.