| The Indian Evidence Act, 1872 | |
|---|---|
| Citation | Act No. 1 of 1872 |
| Territorial extent | Whole of India except the State of Jammu and Kashmir |
| Enacted by | Indian Legislature |
| Date enacted | 15 March 1872 |
| Date commenced | 1 September 1872 |
The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the Indian courts of law. Before Indian Evidence Act,India was subjected to Personal Laws as correctly may be said that of Muslims and Hindus. They were each governed by their own laws and did not like any inteference. Interestingly eventhough the sources were very different but both of these laws considered Oral Evidence as the best.Which is the case even presently.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Up to that point of time, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different persons depending on his or her caste, religious faith and social position. The Indian Evidence Act removed this anomaly and differentiation, and introduced a standard set of law applicable to all Indians.
The Indian Evidence act of 1872 is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1st September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
When India gained independence on 15th August 1947, the Act continued to be in force throughout the Republic of India and Pakistan, except the state of Jammu and Kashmir. After the Independence, the Act continues in force in India, however it was repealed in Pakistan in 1984 by the Evidence Order 1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial proceedings in the court , including the court martial as well. However, it does not apply on affidavits and arbitration.