Indian Evidence Act

Indian Evidence Act

The Indian Evidence Act was enacted in 1872 and came into force on 1st September, 1873. It extends to the whole of India except the State of Jammu and Kashmir. The Act consolidates and amends the law of evidence and deals with the relevancy of facts.

Relevancy of facts is defined in section 3 of the Act, which lays down that all facts must be relevant which are connected with the principal facts in issue in a suit or proceeding.

The Act contains many provisions regarding the mode of proof of various facts. For example, section 4 provides that the fact that a man is in possession of stolen goods may be proved to go to his guilt.

Section 5 lays down that when the relevancy of a fact depends upon the existence of any other fact, the Court may, in its discretion, require the proof of the latter fact.

Section 6 provides that the opinion of experts as to the existence of any public right or custom or as to the identity of handwriting or finger-impressions is relevant.

Section 8 lays down that the fact that any person is by reputation a man of peace or a person of violent or dangerous character, is relevant.

Section 9 provides that the fact that any person had, at or about the time when a crime was committed, been in possession of property or had been known to have committed similar crimes, is relevant.

Section 10 lays down that the fact that any animal or thing had been, at or about the time when a crime was committed, in the possession of the accused, is relevant.

Section 11 provides that the fact that any person had, at or about the time when a crime was committed, been in the company of the accused, is relevant.

Section 12 provides that the fact that the accused had, at or about the time when a crime was committed, been seen with any person, is relevant.

Section 13 provides that the fact that the accused had, at or about the time when a crime was committed, been seen at any place, is relevant.

Section 14 provides that the fact that the accused had, at or about the time when a crime was committed, been in possession of any article which is connected with the crime, is relevant.

Section 15 provides that the fact that the accused had, at or about the time when a crime was committed, made any remark tending to show that he had committed the crime, is relevant.