Introduction –
Indian Evidence Act This law was kept continuously after the independence of India, so that you can understand its importance in the judicial system. We will not look much here at what is in the Evidence Act, we will analyze this law to try to see its merits and flaws and try to know how this law is relates to other important laws.
Common people do not know about what is evidence and how to prove it because this logical justice process is not used especially in the society in India, due to which a lot of news is heard, so the influential people of the society do this process. It should be known so that judicial consciousness can be developed in the society.
Article 13 of the Constitution of India states that before today any laws and conventions that are inconsistent with this constitution are declared void. Indian Evidence Act This law was continued even after that and it has been given great importance in the judicial system of India. As evidence is not available in most of the cases in the case of murder, at that time the provision of punishment to the accused has been made on the basis of logic of circumstantial evidence.
History of Indian Evidence Act – 1872
In 1860, the British government took over all the powers from the East India Company and began to impose British law in India, in which important laws like the Indian Penal Code and the Evidence Act were implemented in India. At that time, mainly four Presidency Towns were established in India Where the British judicial system was established in the early days.
Indian Evidence Act This law was introduced in 1872, from where the modern judicial process started in India, before this there was no single law system in India and it was based on religion and tradition. The British judiciary had developed a lot at that time, which they started using in India and there is a conflict between civil officers and criminal officers, to overcome which many important laws were brought.
Before bringing this law, the Evidence Act in India used to be based on religion and traditions, in which British officials found that different laws were used in different areas and they were very strict which was a violation of human rights, about which Till now in India no one knew this concept. This idea had developed a lot in European countries, in which the implementation of this law started in India.
What is Indian Evidence Act ? –
Indian Evidence Act This law is used in civil and criminal cases, in which the responsibility of proving the accused guilty in criminal cases is on the government lawyer and the responsibility of gathering evidence is on the police officer. The responsibility of proving evidence in civil cases varies from time to time.
After the independence of India, this law was re-implemented all over India and over time it has seen a lot of changes, in which electronic evidence has been included. These laws mainly work in collaboration with the Code of Civil Procedure and Criminal Procedure Code, these laws cannot be read without any one law.
It is seen as a code of procedure which is used in all legal matters and what is the importance of evidence in the judicial process of law and how to use it, it guides the “Indian Evidence Act” and this law The procedure is considered binding in the judiciary.
What is Evidence ? –
When we try to know what is the evidence, then in common language people know it by the name of “evidence”. Earlier, religious and traditional laws used to be very strict and there were also different rules for different areas, which the British government tried to tie in unison.
Evidence in common parlance is called evidence, which was used for justice since ancient times, but it was tied up in a logical way by the British government and irrational evidence was rejected. We are going to see many types of evidence ahead, in which direct evidence is rarely seen in criminal offenses, so the provision of punishment to the accused by a logical chain of circumstantial evidence started with the coming of this law.
After British law came to India, there was a lot of development in technology, so the definition of evidence had to be changed and electronic documents were included as evidence. It was brought in the law system in the form of a code of procedure whose main purpose is to guide the judicial system and the Evidence Act is considered quite appropriate for the guidance of the investigating officers. And civil and criminal cases are completed with the help of this law.
Types of Evidence –
- Primary Evidence
- Second Evidence
- Documentary Evidence
- Circumstantial Evidence
- Oral Evidence
- Direct Evidence
- Hearsay Evidence
- Real Evidence
- Constitutionality of Indian Evidence Act –
As per Article 13 of our constitution, whatever is inconsistent with the purpose of the constitution, it will be declared void or that part will be canceled. Many such customary traditions have been declared void, the purpose of the British Law, Evidence Act and the purpose of the Indian Constitution were different, so many laws made in British India were kept inconsistent with the purpose of the constitution, in which unlimited powers were given to the government has gone.
In laws like the Indian Penal Code, the British government had placed a lot of power on government machinery so that it could run its rule, but the purpose of our constitution would be police torture for the safety of our citizens, but it was not repealed or whatever is inconsistent with the constitution. The part is it hasn’t been cancelled. Whoever the government is, it does not want to reduce its rights, so in 75 years no government has made changes in it.
Talking about the Evidence Act, very strict rules of investigation in criminal cases have been given in this law, which is necessary to change, but no one wants to reduce the powers of the government and the public does not become aware till then misuse of the powers of law and order by the government officer. We will keep seeing you. Therefore, the public will have to be aware of the constitutional fundamental rights, only then we can bring the inconsistency of many laws in front of the judicial system.
Importance of Evidence Act for Judiciary –
The Evidence is of great importance in the judicial system, in which it is very difficult to reach the conclusion without evidence, especially in criminal cases. Hence the Evidence Act this law is a very important part of the judiciary. This law can also be a possibility to win in any offense or in civil matters, it is a law made by amending it.
When the case goes to the court for trial, it is tested with all the evidence through the Indian Evidence Act. There is a lot of lack about it in the general society and we declare the accused a criminal even before the emotional point of view. The biggest culprit in this is our media, which seems to be misusing it.
Indian Evidence Act Due to this law, the types of evidence has been told to the court and to the investigating officers, which is beneficial in giving the decision to the court. Which evidence is important and which evidence is second, the detailed information is given by this law.
By which the Evidence Act directly tells what is considered important evidence, so that no court can go outside this law and interpret it. Such judicial cases and trials are done in the district level court and High Court and Supreme Court, this court only examines its legal process and gives correct interpretation.
Features of Indian Evidence Act –
- Indian Evidence Act This law was passed by the British Parliament in 1872 for India.
- Indian Evidence Act This law was applicable in Pakistan till 1984 but after that they made a new Evidence Act.
- After the independence of India, this law was started and changes were made from time to time.
- The Indian Evidence Act is applicable to all judicial process, under which what and how should be complete, it has been directed.
- Evidence is a very important component in the judicial process for which this law gives information about evidence in a detailed manner.
- The judicial process of the trial court, which this law prescribes, is used for both civil cases and criminal cases.
- Electronic proof has been included under section 65(b), which will be treated as second level evidence.
This law is fully used in India. - Many sections of the Evidence Act have been interpreted afresh by the High Court and Supreme Court from time to time.
Critical Analysis of Indian Evidence Act –
- This law was passed by the British Parliament for India, whose purpose was to allow the British system to run peacefully and this law was made according to the British system.
- This law was started after the independence of India, in which unlimited rights have been given to the government system, which is inconsistent with the fundamental rights of the constitution.
- This law can and has been misused politically.
- Such old laws are not seen in all the developed countries of the world, but in India many laws made by British India are used.
- The delay in the judicial process and the tampering and misuse of powerful people with the evidence in reality make this law ineffective.
Conclusion –
In this way we have seen that the Indian Evidence Act 1872 is such an important law in the judicial process and when we try to find its flaws, this law is very good in paper form, its success depends on how it is used. Therefore, it can be said that if the law made in 1872 is so relevant even today, then how modern was it at that time.
Indian Evidence Act This law is as important as the backbone of our legal system which body cannot stand without it. The Code of Civil Procedure for Civil Cases and the Criminal Procedure Code for Criminal Cases has been made separate laws, but the Evidence Act for both the cases it tells about what would be the procedure of a single proof.
Here we have tried to tell you about the Indian Evidence Act in simple language, so that it is understandable how to develop a logical judicial consciousness. We see the lack of this consciousness in the society because we believe that if a person is close to us, then we should support him by which we end our judicial consciousness. If it is developed then it will help in building brotherhood in the society.