Class Notes on Law of Evidence – Unit I
Introduction
The Law of Evidence governs the rules and principles by which evidence is presented in legal proceedings. It determines what evidence is admissible and how it should be evaluated to prove or disprove facts in a case.
Distinction between Substantive and Procedural Law
- Substantive Law:
- Definition: Substantive law defines the rights and duties of individuals and provides the basis for legal claims and defenses.
- Examples: Law of Contracts, Law of Torts, Criminal Law.
- Procedural Law:
- Definition: Procedural law outlines the process and methods by which substantive laws are enforced. It governs the procedures for conducting legal proceedings.
- Examples: Civil Procedure Code (CPC), Criminal Procedure Code (Cr.P.C.), Rules of Evidence.
Examples:
- Substantive Law: A statute defining the rights of a property owner.
- Procedural Law: Rules detailing how to file a lawsuit or conduct a trial.
Conceptions of Evidence in Classical Hindu and Islamic Jurisprudence
- Classical Hindu Jurisprudence:
- Evidence: Based on ancient texts such as the Manusmriti and Yajnavalkya Smriti, which categorized evidence into oral testimony, written documents, and circumstantial evidence.
- Principles: Importance of oral testimony (e.g., witness testimony), religious oaths, and the reliance on customs and traditions.
- Islamic Jurisprudence:
- Evidence: Based on the Quran and Hadith, which outline the importance of testimony, oaths, and the weight of evidence in legal matters.
- Principles: Two male witnesses or one male and two female witnesses are often required in certain cases. Emphasis on oaths and the moral character of witnesses.
Examples:
- Hindu Jurisprudence: The witness testimony of a Brahmin was considered highly reliable.
- Islamic Jurisprudence: Witnesses in cases of financial disputes must have a good moral standing and be reliable.
Evidence in Customary Law Systems (Non-State Law)
- Customary Law Systems:
- Definition: Customary laws are traditional practices and norms that are followed by indigenous and local communities.
- Evidence: Includes oral testimony, community knowledge, and traditional dispute resolution mechanisms.
Examples:
- Customary Law: In some African communities, disputes are resolved through community elders who rely on traditional practices and oral testimonies.
Introduction to the British ‘Principles of Evidence’
- British Principles:
- Historical Influence: The Indian Evidence Act, 1872, was influenced by British principles of evidence, including the rules of admissibility and the classification of evidence into relevant and irrelevant.
- Principles: The principles include the burden of proof, the standard of proof, and the rules governing the admissibility of evidence.
Examples:
- British Principles: The rule against hearsay and the requirement of direct evidence.
Legislations Dealing with Evidence (Other than Indian Evidence Act)
- Civil Procedure Code (CPC):
- Relevance: Governs the procedures for civil litigation, including the submission and examination of evidence.
- Criminal Procedure Code (Cr.P.C.):
- Relevance: Governs the procedures for criminal trials, including evidence collection, witness examination, and rules for admissibility.
- Bankers Book Evidence Act, 1891:
- Purpose: Provides for the admissibility of records maintained by banks as evidence in court.
- Commercial Document Evidence Act:
- Purpose: Deals with the admissibility of commercial documents in legal proceedings.
- Fiscal and Revenue Laws:
- Purpose: Include various laws that govern evidence related to taxation and financial matters.
Examples:
- CPC: Rules for submitting documentary evidence in civil suits.
- Cr.P.C.: Rules for admissibility of confessions in criminal cases.
Salient Features of the Indian Evidence Act, 1861
- Historical Overview:
- Introduction: The Indian Evidence Act, 1861, was the original legislation governing evidence in India. It has since been replaced by the Indian Evidence Act, 1872, and subsequently amended.
- Key Features:
- Admissibility: Rules regarding what constitutes admissible and inadmissible evidence.
- Types of Evidence: Classification into oral and documentary evidence.
- Burden of Proof: Rules about who bears the burden of proof in different types of cases.
Examples:
- Admissibility: Only relevant facts are admissible as evidence in court.
Applicability of the Indian Evidence Act
- Scope: Applies to all civil and criminal proceedings in India, except for military and certain specialized tribunals.
- Limitations: Does not apply to proceedings under special laws like the Arbitration Act.
Examples:
- Civil Proceedings: Evidence Act governs evidence rules in a civil suit for breach of contract.
- Criminal Proceedings: Evidence Act governs rules for evidence in a criminal trial.
Central Conceptions in Law of Evidence
- Facts:
- Facts in Issue: Facts that are directly related to the dispute and need to be proved or disproved in a case.
- Relevant Facts: Facts that are connected to the facts in issue and can help in proving or disproving them.
Examples:
- Facts in Issue: In a theft case, whether the defendant had possession of the stolen property.
- Relevant Facts: Circumstantial evidence that links the defendant to the crime.
- Evidence:
- Circumstantial Evidence: Indirect evidence that implies a fact but does not directly prove it.
- Direct Evidence: Evidence that directly proves a fact.
Examples:
- Circumstantial Evidence: A fingerprint found at a crime scene.
- Direct Evidence: A witness who saw the crime being committed.
- Presumptions:
- Proved: A fact established by evidence.
- Disproved: A fact that is shown to be false.
- Not Proved: A fact for which there is insufficient evidence to establish its truth.
Examples:
- Proved Fact: Proof that a contract was signed.
- Disproved Fact: Evidence showing that a contract was not signed.
- Not Proved Fact: Insufficient evidence regarding the existence of a contract.
Witness
- Definition: A person who gives testimony in a legal proceeding regarding what they have seen, heard, or otherwise experienced.
- Types: Include eyewitnesses, expert witnesses, and character witnesses.
Examples:
- Eyewitness: A person who saw the accident occur.
- Expert Witness: A forensic scientist who provides expert analysis of evidence.
Appreciation of Evidence
- Definition: The process by which a court evaluates and determines the relevance, credibility, and weight of evidence presented.
- Factors: Includes the credibility of witnesses, reliability of documents, and consistency of testimonies.
Examples:
- Credibility: Assessing whether a witness’s testimony is reliable based on their background and demeanor.
Relevancy of Facts
- Facts Connected with Facts in Issue:
- Definition: Facts that are related to the facts in issue and help in understanding or proving the facts in issue.
Examples:
- Connection: Evidence of a motive for committing a crime.
- Doctrine of Res Gestae (Sections 6, 7, 8, and 9 of the Evidence Act):
- Definition: This doctrine covers statements and actions that are so closely related to a fact in issue that they are considered relevant.
- Sections:
- Section 6: Facts that form part of the same transaction.
- Section 7: Facts which are the cause or effect of the fact in issue.
- Section 8: Facts that are relevant due to their relation to the fact in issue.
- Section 9: Facts that explain or give context to other facts.
Examples:
- Section 6: Statements made during the commission of a crime.
- Section 7: The immediate aftermath of a crime which includes the reactions of those involved.
Evidence of Common Intention – Section 10
- Definition: Evidence related to the common intention or design shared by multiple parties involved in a crime or civil wrong.
- Application: Used to attribute liability or responsibility to individuals who acted together with a common purpose.
Examples:
- Common Intention: In a conspiracy, all co-conspirators are held liable for acts committed in furtherance of the common plan.
Relevancy or Otherwise Irrelevant Facts
- Definition: Facts that are not directly related to the facts in issue and do not help in proving or disproving the facts in issue.
Examples:
- Irrelevant Facts: Background information about a person’s character that does not relate to the case at hand.
Facts to Prove Right or Custom – Section 13
- Definition: Facts relevant to proving the existence of a right or custom.
- Application: Used to establish the validity of customary practices or rights claimed by a party.
Examples:
- Customary Right: Evidence of long-standing community practices to prove a custom.
Facts Concerning State of Mind/State of Body or Bodily Feelings (Sections 14 and 15)
- Section 14: Facts related to the state of mind, such as intention or belief, relevant to a case.
- Section 15: Facts related to bodily feelings, such as pain or discomfort, relevant to a case.
Examples:
- State of Mind: Evidence of someone’s mental state or intention at the time of committing an act.
- State of Body: Evidence of physical condition or injury relevant to a personal injury claim.
Relevancy and Admissibility of Admissions
- Definition: Admissions are statements made by a party acknowledging certain facts, which are admissible as evidence.
- Types:
- Confessions: Admissions related to criminal charges.
- Declarations: Statements acknowledging facts relevant to civil claims.
Examples:
- Confessions: A defendant admitting guilt in a criminal case.
- Declarations: A party admitting liability in a civil suit.
Privileged Admissions and Evidentiary Value of Admissions (Sections 17 to 23)
- Sections 17 to 23:
- Section 17: Defines what constitutes an admission.
- Section 18: Admissions by a party to a suit.
- Section 19: Admissions by agents.
- Section 20: Admissions by persons jointly interested.
- Section 21: Admissions by persons whose rights or liabilities are affected.
- Section 22: Admissions by persons not parties to the suit.
- Section 23: Statements made in the course of legal proceedings or in the course of investigation.
Examples:
- Section 18: An admission made by a defendant’s agent can be used against the defendant.
- Section 20: Joint admissions made by co-defendants can be used against all parties.
