The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
[edit] Importance
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different persons depending on caste, religious faith and social position. The Indian Evidence Act and introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
[edit] The Act
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1st September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
[edit] Applicability
When India gained independence on 15 August 1947, the Act continued to be in force throughout the Republic of India and Pakistan, except the state of Jammu and Kashmir. Then, the Act continues in force in India, but it was repealed in Pakistan in 1984 by the Evidence Order 1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial proceedings in the court, including the court martial. However, it does not apply on affidavits and arbitration.
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