Rep. by the Repealing Act, 1938 (1 of 1938) section 2 and Schedule
Section 2: Repeal of Enactments
Section 2 of the Indian Evidence Act, 1872 deals with the repeal of prior laws that governed the law of evidence in India before the Act came into force.
The Repealing Act of 1938 played an important role in updating and replacing previous legal provisions, which were no longer in line with the modern system of judicial proceedings and evidence rules.
Before the enactment of the Indian Evidence Act in 1872, India followed various principles of English law (in presidency towns) and Mohammedan law (in mofussil areas), with some localized laws for the Indian courts. The Indian Evidence Act consolidated these disparate sources of law into a single code, providing clearer guidelines for the admissibility of evidence in judicial proceedings.
However, previous regulations or laws which were inconsistent with the new Act were repealed to ensure that there would no longer be confusion or overlap in the legal framework concerning evidence.
