NCJ Number
87314
Date Published
1978
Length
39 pages
Annotation
Following an outline of the historical development of the law of evidence in India, specific aspects of the law of evidence are detailed, including the opinion of third parties, admissions of fact, confessions, attestation, proof of contents of documents, and privileged communications.
Abstract
India's law of evidence is based in the Evidence Act of 1872, which has undergone revisions through subsequent amendments. The Evidence Act governs court proceedings, and its basic scheme is that no fact other than those having rational probative value shall be admitted in evidence, while all facts having rational probative value are admissible in evidence unless excluded by a positive role of paramount importance. The rules of evidence pertaining to relevancy broadly incorporate what British courts regard as relevant in any inquiry, but there is one important difference in this respect between England and India. The limits of relevancy in English courts are determined by logic; whereas, India's courts are concerned with the further issue of whether evidence that is logically relevant is made expressly relevant by any provision of the Evidence Act. Included among what has been made relevant by the act are (1) facts which, though not in issue, are so connected with the facts in issue as to form part of the same transaction; (2) any fact which shows or constitutes a motive or preparation for any fact in issue or relevant facts; (3) facts which show the state of mind with reference to the matter at issue; and (4) statements, written or verbal, of relevant facts made by a dead person when a statement is made as to the cause of death or any of the circumstances which resulted in death where the cause of death is at issue. Opinions of third parties have also been made relevant in certain cases, and the act specifies when the character of an accused or witness becomes relevant. The act also deals with admissions of fact, confessions, statements, proof, attestation, public and private documents, proof of contents of documents, judicial notice, privileges and privileged communications, and estoppel, as well as burden of proof and conclusive proof. Ten suggested readings are listed.