Author: Utkarsh Raj, NMIMS, Chandigarh
INTRODUCTION
Law means any rule, regulation, norm to which the human actions are required to conform. In the sense of jurisprudence, we use the term ‘LAW’ for signifying the command from superior authority and disobedience of which will entail punishment. Different laws are made to establish peace and stability in the society. The aim of laws is to provide justice to the victim whose rights have been violated or any wrong has been committed against them. But one person may sue another for a false cause just for the sake of revenge or because of any malice. So, to prove that the defendant has really committed any wrong with the plaintiff he needs to prove that; and for the purpose of proving, he must provide evidence in the court of law. Only then the said person can be held liable and can be punished. Hence, Law of evidence comes into play here so that no innocent is punished. What evidence has to be given and in what manner it should be given is mentioned under Indian evidence Act. The law of evidence is basically a procedural law but it has shades of substantive law. Procedural law is the set of rules that govern how the court system operates, while substantive law defines the rights and obligations of individuals. The term “Evidence” has been originated from the Latin word ‘evident’ or ‘evidere’ which means ‘to show clearly’ or ‘to prove’. Evidence is a means of proof and facts need to be proven before any relevant laws and its provision is applied. Evidence is a way through which one can convince court about the truth. Also, there is a difference between proof and evidence. Proof is a broad term containing everything that may be adduced at a trial whereas Evidence is a narrow term describing certain types of proof that can be admitted at trial.
HISTORICAL BACKGROUND OF LAW OF EVIDENCE
1) LAW OF EVIDENCE IN ANCIENT HINDU PERIOD
The sources of evidence regarding Law of evidence emanate from the hindu Dharmashastras. According to this, the purpose of any trial is the desire to ascertain the truth. The way a physician take out rod from the body with the help of surgical instrument , In the same manner a judge should use his skill to extricate the deceit with the help of truth and evidence. According to Yagnavalkaya, Discard
ing what is fraudulent, the king should give decisions in accordance with true facts. According to Mitakshara, a decision based on evidence may sometimes go wrong. The trial should proceed only when no agreement was possible between the parties. In the view of Manu, the king presiding over the tribunal shall ascertain the truth and determine the correctness of the testimonies of the witness and every detail regarding the case in order to pronounce a true judgement.
KINDS OF EVIDENCE : Recognized by vasista
i) Lekhya ( documentary evidence)
It is further sub classified into three categories –
RAJASAKSIKA : It is executed in the king’s court by the king’s clerk and attested by the presiding officer affixing the seal.
SASAKSIKA : a private document written by anyone and attested in their own hands by witnesses
ASAKSIKA : a document which is admissible being written entirely in the hands of the party itself.
ii) Sakshi ( witnesses)
Not everyone can become a witness . There were rules made by hindu law givers for the competency of witness. There used to be a whole set up where the premise of court were decorated with flowers and idols of god. Before giving evidence the witnesses were required to perform a brief sankalpa and need to face towards the auspicious direction and encouraged to speak truth. According to Vishnu, ‘a false witness’ may be recognized by his altered looks , the way he talks and wander from the subject. According to Yagnavalkaya, he who shifts from place to place, licks or bites his lips, who by mental, vocal and bodily acts falls into a sickly state is considered to be a tainted person.
iii) Bhukhti ( possession)
In ancient India, the bulk of litigation consists of disputes regarding possession of landed property. Possession was recognosed as an evidence of Right and title and as one of the modes of proving along with documents and witness.
iv) Divya
The usual methods of this kind of evidence were : administering lethal poison, fire ,combat etc. A glimpse of this kind of evidence can be seen in the great mythology Ramayana where lord Rama asked his wife to prove her purity by getting into the fire. This was exceptionally practiced as it was in the most crude form. If there was a dispute between parties they were required to combat against each other with the conviction that the divine justice rests only on the victorious party.
2) LAW OF EVIDENCE IN ANCIENT MUSLIM PERIOD
The details regarding this is contained in the book ‘Muslim jurisprudence’ by sir Abdul Rahim. Also, the holy Quran lays great emphasis on Justice. The Mohammedan law givers deal with evidence under heads of Oral and documentary. Documents and Books were accepted as an evidence but oral evidence were preferred than the documentary ones. Oral evidence involved the Direct and the hearsay evidence. To ensure the credibility of parties and witnesses , demeanor were given much attention. Under Muslim law , certain class of people including women, children, drunkard. Gamblers, criminals were considered to be inadmissible in evidence and are not competent to execute the documents.
3) LAW OF EVIDENCE IN BRITISH INDIA
The concrete evidence of the ‘ law of evidence’ comes from the times of Britishers. In British India the presidency court by virtue of a royal charter established in Bombay, madras and Calcutta were following English rules of law of evidence. The entire administration of justice in the Mofussil courts in the absence of any definite rules of law of evidence was in total chaos. In 1837, an act was passed whereby a convicted person was also allowed to give evidence. In 1856, Sir Henery Maine was asked to prepare Indian Evidence Act but his draft was considered unsuitable for the Indian condition. So it fell to Sir James Stephans who came up with the Indian Evidence Act which was approved and came into force on 1st September 1872. After Independence, Indian evidence act, 1872 was held to be the law of all the Indian courts. Evidence act does not apply on affidavits presented to any court or officer nor it applies to any proceeding before an arbitrator.
FAQS
1. What is the Law of Evidence, and why is it important?
The Law of Evidence refers to the legal rules that determine what evidence is admissible in court and how it should be presented. It ensures that only relevant, credible, and legally acceptable evidence is used to prove or disprove facts in legal proceedings. This prevents wrongful convictions and upholds justice.
2. What are the different types of evidence recognized in ancient Hindu law?
Ancient Hindu law categorized evidence into four types:
Lekhya (Documentary Evidence): Includes official and private documents.
Sakshi (Witness Testimony): Statements from competent witnesses.
Bhukhti (Possession): Used in property disputes to establish ownership.
Divya (Ordeal-based Evidence): Included trials by fire, poison, or combat to determine guilt or innocence.
3. How was evidence treated in the ancient Muslim period?
Under Muslim law, evidence was divided into oral and documentary types, with oral testimony being preferred. The credibility of witnesses was determined based on demeanor, and certain individuals, such as women, children, and criminals, were considered incompetent to testify.
4. How did the British influence the Indian Law of Evidence?
During British rule, the presidency courts in Bombay, Madras, and Calcutta followed English rules of evidence. However, there was no uniform system for other courts. The Indian Evidence Act, 1872, drafted by Sir James Stephen, standardized evidence laws in India, ensuring consistency and fairness in legal proceedings.
5. What is the difference between procedural law and substantive law in the context of evidence?
The Law of Evidence is primarily procedural law, meaning it governs the legal process of presenting and proving facts in court. However, it also has elements of substantive law, as it establishes the rights and duties related to admissibility and the burden of proof in legal cases.
Books:
Law of Evidence | 9th edition | Dr. V Krishnamachari | Narender Gogia & Company | Deccan Law House
