Indian Evidence Act (IEA)
The Indian Evidence Act, 1872 is a unique statute that provides the rules for the proof of facts in both civil and criminal proceedings.
Relevancy & Admissibility
The Act establishes a rigorous framework for determining what facts a judge can legally consider. Not everything that is logically relevant is legally admissible. The Law of Evidence acts as a filter, ensuring that only reliable and pertinent information forms the basis of a judicial decision.
Core Concepts
Fact in Issue
The central facts that the parties must prove to establish their rights or liabilities under substantive law.
Primary Evidence
The original document itself (Section 62). It is considered the 'best evidence' and must be produced whenever possible.
Digital Evidence (Section 65B)
In the modern era, digital records like WhatsApp chats, emails, and CCTV footage are vital. However, they require strict compliance:
- Must be accompanied by a Section 65B certificate.
- The person in charge of the computer/device must sign the certificate.
- Failure to provide the certificate can make the digital evidence inadmissible.
Bharatiya Sakshya Adhiniyam (BSA)
The IEA has been replaced by the Bharatiya Sakshya Adhiniyam, 2023 (effective July 1, 2024). The BSA expands the scope of electronic records, recognizes digital signatures more broadly, and simplifies the process of presenting secondary evidence in court.
Burden of Proof
The general rule is that he who asserts must prove. In criminal trials, the prosecution must prove guilt 'beyond reasonable doubt', while in civil cases, the standard is 'preponderance of probabilities'.
Statutory Links
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