Who Drafted Indian Evidence 1872?

Who is the father of Indian Evidence Act?

Sir James Fitzjames StephenThe Indian Evidence Act 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..

Is affidavit an evidence?

Affidavits are used in ​court as evidence. In some cases, if you make an affidavit you may not need to give evidence in person. In other cases you may still have to go to court to answer questions about the information in your affidavit.

Can affidavit once given be withdrawn?

While an Affidavit of Evidence cannot be withdrawn, the admissions made in it would be used against you.

What is Factum Probandum?

Latin] 1 A fact or statement of facts. For example, a factum probans (pl. facta probantia) is a fact offered in evidence as proof of another fact, and a factum probandum (pl. facta probanda) is a fact that needs to be proved.

When was Indian Evidence Act passed?

1872Indian Evidence Act, act passed by the British Parliament in 1872 that set forth the rules of evidence admissible in Indian courts and that had far-reaching consequences for the traditional systems of caste government in India.

What do you mean by the Indian Evidence Act of 1872?

—This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India 1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 2[other than Courts-martial convened under the Army Act] (44 & 45 Vict., c.

Where is Indian Evidence Act not applicable?

All the technicalities of the Evidence Act are not strictly applicable to Labour Courts and Tribunals, except in so far as Section 11 of the Industrial Disputes Act 1947 and the rules therein are permitted.

Who said that Section 6 res gestae is the weakest of whole evidence?

J. WigmoreWho said that Section 6 (Res gestae) is the weakest of whole evidence? Ans. J. Wigmore.

Can the judge be a witness?

A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.

What is punishment for wrong affidavit?

Situation 2 – If a person voluntarily files a false affidavit, then he/ she can be punished under section 191,193,195 and 199 of the Indian Penal Code for giving false evidence. Punishment for filing a false affidavit is punishable by imprisonment for a term ranging from 3 to 7 years.

What is evidence as per Indian Evidence Act?

Section 3 of the Indian Evidence Act, 1872 defines Evidence as – “––“Evidence” means and includes ––(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic …

Who is accomplice under Evidence Act?

An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

What is res gestae in law of evidence?

Res Gestae is a Latin word which means “things done.” This is the rule of law of. evidence and is an exception to hearsay rule of evidence that hearsay evidence is not. admissible. It is a spontaneous declaration made by a person immediately after an event.

Who may testify Indian Evidence?

118 Who may testify. —All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

What are the main features of the Indian Evidence Act 1872?

Important features of the Indian Evidence ActTHE MOST IMPORTANT FEATURES OF THE INDIAN EVIDENCE ACT TO BE KNOWN BY A LAW STUDENT- … 1) Court- Court includes all Judges and Magistrates,and all persons except Arbitrators,legally authorized to take evidence. … 2) FACT- The term ”fact” means and includes- … 4) Facts in issue- … 5) Document-More items…

What is the point of an affidavit?

An affidavit is used for the purpose of proving in court that a claim is true, and is typically used in conjunction with witness statements and other corroborating evidence. Through an affidavit, an individual swears that the information contained within is true to the best of their knowledge.

What are the 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.

What is Document Evidence Act?

Section 3 of Indian Evidence Act, 1872 defines Document as,“Document” means any matter expressed or described upon any substance by means 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.