chapter 1(evidence)1

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CHAPTER 1EXTENT AND VALUE OF THE EVIDENCE ACT

Contents1. Extent of the Evidence Act 21.2. Value of the Evidence Act 2

1.3 Definitions 4

Key Terms 14

Assignment Questions 15

Short Questions 15


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CHAPTER 1 ()

EXTENT AND VALUE OF THE EVIDENCE ACT

1. Extent of the Evidence Act Section 1 of the Evidence Act provides that This Act applies to all

judicial proceedings in or before any Court, including Courts martial,

other than Courts-martial convened under any Act relating to the Army,

Navy or Air Force, but not to affidavits presented to any Courts or officer,

nor to proceedings before an arbitrator.

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1.2. Value o the iece Act The aim of law is to do justice between citizen and citizen, between

citizen and the state.


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Laws broadly fall into two classes substantive laws which define the

rights, duties and liabilities of citizen and state, and procedural laws which

define the methods by which substantive laws may be applied to particular

uses.

The law of evidence is procedural law. It does not define rights,

duties and liabilities. It prescribes the methods and procedures for sifting

and weighing facts on which decisions depend in disputes over rights,

duties and liabilities.

The fixed aim of the Evidence Act is to discover the truth about the

relevant facts and to exclude half-truths and irrelevant facts.

Therefore The Evidence Act plays an important role in finding just

and correct decision of the question in dispute.


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1.3 Definitions Definitions of the words and clauses contained in the Evidence Act

can be found in section (3) of the Evidence Act.

In this Act the following words and expressions are used in the

following senses, unless a contrary intention appears from the context:-

Court includes all judges and Magistrates, and all persons, exceptarbitrations, legally authorized to take evidence.

Fact means and includes- -(1) anything, state of things, or relation of things capable of being

perceived by the senses.

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(2) any mental condition of which any person is conscious.

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llustratios

(a) That there are certain objects arranged in certain order in a certainplaces is a fact.

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(b) That a man heard or saw something is a fact.()

(c) That a man said certain words is a fact.

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(d)That a man holds a certain opinion, has a certain intention, acts ingood faith or fraudulently or uses a particular word in a particular

sense or is or was at a specified time conscious of a particularsensations, is a fact.

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(e)That a man has a certain reputation is a fact.

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Thus, facts are either physical or psychological.

Releat One fact is said to be relevant to another when the one is connected

with the other in any of the ways referred to in the provisions of this Act

relating to the relevancy of facts.

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Sections 5 to 55 of the Evidence Act are provisions, of the

relevancy of facts, a fact is relevant to another fact according to any ofthose provisions, that fact is said relevant.

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Facts i issue The expressio acts i issue meas a iclues

Any fact from which, either by itself or in connection with other

facts, the existence, non-existence, nature or extent of any right, liability,

or disability, asserted or denied in any salt or proceeding, necessarily

follows.

Explanation: - Whenever under the provision of the law for the time being

in force relation to civil procedure any court records an issue of fact the

fact to be assented or denied in the answer to such issue is a fact in issues.


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llustratio

A is accused of the murder of B.

At his trial the followig acts may be i issue that A cause Bs

death;

that A itee to cause Bs eath;

that A has received grave and sudden provocation from B;

that A, at the time o oig the act which cause Bs eath,

was, by reason of unsoundness of mind, incapable of knowing, its

nature.

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Documet Documet meas ay matter expresse or escribe upo ay

substance by mean of letters, figures or marks, or by more than one of

those, means intended to be used or which may be used for the purpose of

recording that matter.


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llustratios A writing is a document;

Words printed, lithographed or photographed are documents;

A map or plan is a document

An inscription on a metal plate or stone is a document;

A caricature is a document,

''Evidence"iece meas a iclues-


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all statements which the Court permits or requires to be made before

it by witness in relation to matters of fact under inquiry; such

statements are called oral evidence:

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All documents for the inspection of the Courts, such documents are

called documentary evidence.

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The definition of 'evidence' covers

(a) Oral evidence (the evidence of witness), and (b) documentaryevidence.

roe A fact is said to be proved when, after considering the matters

before it, the Court either believes it to exit, or considers its existence so

probable that a prudent man ought, under the circumstances of the

particular cases, to act upon the supposition that it exits.

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Disproe A fact is said to be disproved when, after considering the matters

before it, the Court either believes that it does not exist, or considers its

non-existence so probable that a prudent man ought, under the

circumstances of the particular case, to act upon the supposition that it does

not exist.

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'Not proved" A fact is said not to be proved when it is neither proved nor

disproved. The words "may presume" and "conclusive proof" are defined

in section 4 of the Evidence Act.

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ay presume Whenever it is provided by this Act that the Court may presume a

fact, it may either regard such fact as proved, unless and until it is

disproved, or may call for proof of it.

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hall presume Whenever it is dissected by this Act that a Court shall presume a

fact, its hall regard such fact as proved, unless and until it is disproved.

Coclusie proo When one fact is declared by the Act to be conclusive proof of

another, the Court shall, on proof of the one fact, regard the other as

proved, and shall not allow evidence to be given for the purpose of

disproving it.


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Key TermsEvidence

Affidavits

Court

Fact

Relevant

facts in issue

Document

Proved

Presume

Oral evidence

Documentary evidence

Conclusive proof

Disproved Witness

Procedural Law

Substance Law

Dispute

Irrelevant facts


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Assignment Questions1.Explain the value of the Evidence Act.2.Explain the followings with illustration.

(a)Fact(b)Fact in issue

3. What do you understand by "proved" "disproved" and "notproved"?

Short Questions1. xplai the term Documet with illustratios.2. Define and explain the term iece.3. Define the term 'conclusive proof '.

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