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1. INTRODUCTION, CLIO, 2., caw may be broadly categorized under two heads namely, 3., what facts go to constitute a right or liability., 1, E.g. The Indian Penal Code, 1860; The Indian Contract, Act, 1872; Law of Torts etc., lo agitosin, f, Aðjectival law on the other hand is one by which, substantive law is applied to particular cases. It is àlso known, as the 'Law of Procedure'. It is concerned: with the enforcement, 1

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of rights, duties and liabilities determined in accordance with, the rules of substantive law., E.g. The Code of Civil Procedure, 1908; the Code of, Criminal Procedure, 1973 etc. The present subject "Law of, Evidence" is one of the significant branches of procedural, law., Enactoment date - sth March, In India, the law relating to the principles of Evidence is 18, governed by the Indian Evidence Act, 1872, which owes its, origin from the English law of Evidence. It came into force, from 1st September 1872. It extends to the whole of India exeept 31, the State of Jammu and Kashmir and applies to all judicial, 201, proceedings in or before any Court, including Courts-martial,, By, other than Courts-martial convened under the Army Act (44 and, 45 Vic. C. 58), the Naval Discipline Act or the Indian Navy, (Discipline) Act, 1934 (34 of 1934), or the Air Force Act (7 k, Geo.5, c.51) but not to affidavits presented to any Court orreo, -ngatio, Officer, nor to proceedings before an arbitrator3;, at, And it shall come into force on the first day of September, Drafted by Jomes Stephen, 1872., 2

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6., Lectures on the Law U, 3. HISTORY OF LAW OF EVIDENCE, Earlier, the principles relating to law of evidence were no, clear both under English and Indian (Hindu and Muslim) legal, systems. In the early English law, ordeals, compurgation or, wager of law and trial by battle were used as modes of proof, Under Hindu system of jurisprudence, sometimes divine tests, were used (Sen.Priya Nath: General Principles of Hindu, Jurisprudence, p.371). The modern law of evidence owes its, origin from English Common Law. Certain areas/parts of law of, evidence may be traced back to the period of Middle Ages., However, the real beginning for the main outstanding features, of evidence was made in the sixteenth and seventeenth centuries,, when jury started deciding cases on the evidence of witnesses, (Holdsworth: Sources of Literature of English Law). For the, first time, a book on Evidence, was written by Chief Baron, Gilbert, who died in 1726. The book was published in 1756 i.e., after his death., at, th, In India, principles of evidence (as part of English law), were applied by the courts in the Presidency towns of Madras,, Bombay and Calcutta during the British period. But, in the, provinces (provincial towns), the courts (Mufussil Courts) did, not follow the English law of Evidence. (In those days/at that, time, the courts (crown courts), at presidency towns were, governed by the English law., while the courts (company courts), wére governed by the provincial laws.), As the time passed, many reforms were introduced and, series of Acts were passed by the Indian legislature between, 1835 and 1853. For the first time, the need for codification of, law of Evidence was felt by the reformers. The third Law, commission in its Fifth Report submitted in 1868, placed/, presented Draft Evidence Bill. The draft was very short as it, contained only 39 clauses. The draft bill was introduced in the, Legislative Council and was referred to Select Committee in, 1868. But the Bill was not passed on the ground that it was, incomplete, ill arranged and unsuitable to Indian conditions. Later,, 3

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rreiminary, another draft prepared by Sir James Stephen was introduced in, the Council in 1871 and was passed in the year 1872 entitled,, the Indian Evidence Act, 1872., 4. MEANING AND DEFINITION, Meaning:- The expression 'evidence' is derived from the Latin, word 'Evidentia'. Evidentia means being clear' or ' plain' or, 'apparent clear'. The Latin term 'evidens evidare' means, "to, show clearly'". According to Phispon, evidence means the, testimony, whether oral, documentary, or a real, which may be, legally received, in order to prove or disprove some fact in, dispute., Definition:- The Law of Evidence may be defined as a system, of rules for ascertaining controverted questions of fact in judicial, inquiries. The Law of Evidence has great importance, since it, enables the court to decide the existence or non-existence of, facts., According to Taylor, evidence means and includes all facts, except arguments, which tend to prove or disprove any matter,, which is under inquiry in judicial proceedings., 4

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II auIssTOn or rejection of, SCHEME OF THE ACT AT A GLANCE, Part I -, Relevancy, Facts which may be proved are, Facts in issue, Relevant facts, (Section 5), which may be, Facts connected with the, facts in issue (Ss.6-16), qobre, Admissions and confessions, (Ss.17-31) 0EeL