The Indian Evidence Act, 1872

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The “Law of Evidence” can be defined as a system of rules for ascertaining rebuted questions of fact in judicial inquiriesl. 

In India, The Indian Evidence Act, 1872 was enacted to consolidate, define and amend the Law of Evidence in India.

As per Section 3 , The Indian Evidence Act, 1872 of “Evidence” means and includes:
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;
(2) all documents (including electronic records) produced for the inspection of the Court; such documents are called documentary evidence

APPLICABILITY
The Indian Evidence Act, 1872
The Act extends to the whole of India except 
The State of Jammu and Kashmir 
And 
applies to all judicial proceedings in or before any Court, including Court-martial

Other than the Court-martial convened under 
The Army Act, 
The Naval Discipline Act or 
The Indian Navy Discipline Act, 1934 or 
The Air Force Act 

But not to affidavits presented to any Court or officer, or to proceedings before an arbitrator

FACT
According to Section 3 of The Indian Evidence Act, 1872, “FACT” means and includes:
(a) anything, state of things, or relation of things capable of being perceived by the senses;
(b) any mental condition of which any person is conscious.
Thus facts are classified into physical and psychological facts.

Relevant Fact
As per Section 3 A fact is said to be relevant to another Fact when the one fact is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

Fact may by
  • Logical Relevant
  • Legally Relevant

A fact is said to be logically relevant to another fact when it bears such casual relation with other fact as to render probably the existence or non-existence of the latter fact.

Every fact which is logically relevant may not be legally relevant. However every fact which is legally relevant is logically relevant. 

ADMISSIBILITY
Only those facts which are relevant are admissible in the court. However as per section 136 of The Indian Evidence Act, 1872,
It the discretion of Judge to decide the admissibility and relevance
When any party proposes to cite evidence of any fact, the judge may ask the party for clarification as why the fact should be considered relevant.
Judge would accept a fact as relevant only after receiving satisfactory clarification by the party.

These online MCQ Mock tests and MCQ questions includes all main concepts of the chapter (The Indian Evidence Act, 1872) in CS Executive Module II Industrial, Labour and General Law (ILGL MCQ based OMR) Exam.

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