Introduction
Evidence is a term that refers to the available body of facts or information that verifies or denies the existence or non-existence of a stated fact. It is derived from the Latin word ‘Evidera,’ meaning transparency, clarity in presentation, and the ability to prove the facts in question. In legal contexts, evidence refers to information demonstrating the truth of a statement, including spoken words and exhibits presented by witnesses. In Indian law, evidence is the eye and ear of a court, revealing relevant facts to convince the court. This includes witness statements, documents, and confessions, but excludes certain elements like party statements not given as witnesses. A proper decision in any case before a court is not possible without knowledge of true facts involved in a dispute. Through evidence, the court must ascertain whose contentions are true, and the judge must weigh the evidence available in support of or contradiction to those contentions. Evidence can be written or unwritten, and includes statements made by witnesses and documents produced for court inspection. Section 3 of the Indian Evidence Act, of 1872, defines evidence as all statements permitted or required by the court about matters of fact under inquiry.
Historical Background
The history of the law of evidence in India can be traced back to the Dharma Shastra, Muslim and English systems of law. The Dharma Shastra recognized that the purpose of trials was to ascertain the truth, and early lawmakers took precautions to secure the discovery of truth. The Indian law of evidence reached a considerable degree of perfection by the time of the ancient Dharma Shastra, embedding many modern concepts. It was recognized by Dharma Shastra and was an integral part of Muslim rule of law for determining facts in judicial proceedings. The modern English evidence law, known as the Indian Evidence Act, 1872, superseded the ancient Hindu, Muslim, and British periods. The history of the law of evidence in India can be traced through three different periods: the ancient Hindu, Muslim, and British periods.
i) Ancient Hindu period
The Hindu Dharmashastras provide information on the law of evidence in ancient India, emphasizing the purpose of trailing to ascertain the truth. Vasista recognized three types of evidence: lekhya (documentary evidence), sakshi (witnesses), and bukhthi (possession). The subcontinent was divided into independent territories, with each having a leader who aimed to protect Dharma and rule according to it. Truth was given integral importance in ancient India, leading to the development of laws. Administration was divided into different units, and there was a jury system prevalent. Even kings had to consult Brahmins for justice matters, relying on Dharma Sutras. Civil and criminal matters were heard, with each person submitting a complaint and submitting a written reply. There were two types of proofs in Hindu law: divine (ordeals) and human (witnesses, documents, and inferences from circumstances). The main features of Hindu evidence law include direct, first-hand oral evidence, circumstantial evidence, torture, various circumstances for putting burden of proof, witness division based on commission type, and documents divided into public and private.
ii) Medieval Muslim Period
The book “Muslim Jurisprudence” by Sir Abdul Rahim discusses the law of evidence in the Mohammedan dynasty. By the end of the Mameluke dynasty, Muslim rule was well established in India, with the administration of justice being largely administered by Muslim rulers. Islamic principles remained integral throughout the administration of justice, with the king being the supreme authority. Ziauddin Barani, the main man of affairs in Delhi Sultanate, stressed the idea of ‘adl’, based on equal treatment and supreme authority of justice. After the advent of the Mughals, the administrative setup of Delhi Sultanate was imitated by all rulers. Abul Fazl played an important role in Mughal administration, with the King as the supreme authority and the Qazi (judge) as the supreme provider. The judicial setting and features of evidence during the Mughal period included representatives, bifurcation in civil and criminal proceedings, and extra-judicial inquiry. Evidence was based on Hanafi law, with oral evidence being direct and hearsay evidence being preferred but under strict scrutiny.
iii) British Period
In British India, the presidency courts followed English rules of the law of evidence. The need for codification of the rules of law led to the passing of the Indian Evidence Act in 1872. Before independence, there were 600 princely states in India, each with its own rules of evidence. After independence, the East India Company came in and gained trading rights in Surat and Bengal. The Muslim penal law was prevalent in Bihar, Bengal, and Orissa, and Britishers gradually took over the judicial administration of India, superseding it with modern English laws. The First Law Commission Report, under Sir Macaulay, came in 1833 with several enactments, including the first enactment regarding the law of evidence in 1835. Important Acts pertaining to evidence in British India prior to the enactments of the Indian Evidence Act included Acts 19 of 1837, Act 5 of 1840, Act 7 of 1844, Act 15 of 1852, Act 19 of 1853, Act 10 of 1855, Act 8 of 1859, Act 25 of 1861, and Act 15 of 1869. The development of Evidence Law in India was influenced by leading cases like Zamindar of Karvetinugar v. Venkatadri, Narappa v. Gupayya, and Kazi Gulam Ali v. H.H. Aga Khan. The Third Law Commission of India assigned Sir Henry Maine with the task to draft the Indian Evidence Act, but it was rejected due to its unsuitability for India.
Indian Evidence Act, 1872
The Indian Evidence Act, 1872, was drafted by Sir James Fitz James Stephens, who was responsible for drafting a comprehensive code for Evidence Law. The initial draft, which included 39 sections, faced criticism and was dismissed. In 1870, Stephens revised the bill, resulting in the Indian Evidence Act, 1872. The Act, which covers 11 chapters and 167 sections, is a cornerstone of India’s legal framework, governing the admissibility, examination, and treatment of evidence in judicial proceedings. It categorizes evidence into oral, documentary, primary, secondary, real, hearsay, direct, circumstantial, judicial and non-judicial, and prima facie evidence. The Act also provides a detailed framework for witness examination, emphasizing fairness and impartiality. It also acknowledges the confidentiality of privileged communications and the value of expert opinions in legal proceedings. The Act has been amended to adapt to evolving legal landscapes and societal needs, ensuring its relevance and effectiveness in the dynamic Indian legal system.
Bharatiya Sakshya Adhiniyam, 2023
In 2023, the Bharatiya Sakshya Adhiniyam (Indian Evidence Act, 2023) was enacted to modernize and adapt the principles of evidence law to contemporary Indian contexts. This new legislation reflects a significant shift towards more comprehensive and updated standards of evidence, incorporating technological advancements and addressing issues that had emerged in the decades since the original Act. The 2023 Act aims to enhance the efficiency, fairness, and clarity of legal proceedings, aligning with current judicial practices and the digital age.
Conclusion
The Law of Evidence in India has evolved over centuries, starting with the Early Vedic civilizations and later developing under Muslim rule. It was formalized as a comprehensive code in 1872 by Sir James Fitzjames during British colonial rule. The Indian Evidence Act aimed to tailor the English law of evidence to India’s specific circumstances. The evolution of evidence law in India, from the 1872 Act to the Bharatiya Sakshya Adhiniyam 2023, reflects India’s commitment to improving judicial processes and aligning with contemporary standards. The 2023 Act incorporates advancements in technology and addresses modern legal challenges, emphasizing the need for legal frameworks to adapt to societal changes and uphold principles of justice and fairness in an ever-evolving legal landscape.
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