Short title. ––This Act may be called the Indian Evidence Act, 1872.
Extent.––It extends to the whole of India and applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] [the Naval Discipline Act [29 & 30 Vict., 109]; the Indian Navy (Discipline) Act, 1934 (34 of 1934),] [or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator;
Commencement of Act.––And it shall come into force on the first day of September, 1872
Section 1: Short Title, Extent, and Commencement
The Indian Evidence Act is officially called the “Indian Evidence Act, 1872.”
It applies to the entire territory of India ( the act was not applicable on the State of Jammu and Kashmir prior to recent changes in legal status. This was a notable exclusion which has since been addressed due to constitutional changes post-2019.)
The Act applies to all judicial proceedings before any Court. This includes Courts-martial, except those convened under the Army Act, the Naval Discipline Act, or the Air Force Act. It does not apply to proceedings before an arbitrator or to affidavits submitted to any court or officer.
The Indian Evidence Act came into force on September 1, 1872.
| Feature | Details |
|---|---|
| Short Title | Indian Evidence Act, 1872 |
| Territorial Applicability | Extends to all of India. |
| Judicial Proceedings | Applies to all judicial proceedings and Courts-martial (except under certain Acts) |
| Exclusions | Does not apply to affidavits or proceedings before arbitrators |
| Commencement | Came into force on September 1, 1872 |
Some important Points
Judicial proceedings are defined as inquiries or proceedings that aim to determine legal relationships between parties. These proceedings are conducted in a judicial manner, meaning the decision is made on the basis of evidence presented and in accordance with the law.
The Act explicitly excludes affidavits from being considered as evidence unless permitted by specific law. This is because affidavits are not subject to cross-examination, and their reliability can be questionable. The same exclusion applies to arbitration proceedings, where the rules of evidence may not be strictly followed as per the formal procedure in courts.
Even though tribunals may have judicial characteristics, the Evidence Act does not apply to them. Tribunals only need to observe natural justice, and their decisions cannot be overturned merely because evidence was not admissible under the Evidence Act.
This section also clarifies that courts, including family courts, are part of the judicial system and governed by the rules under the Evidence Act.
Case Laws
In State of Punjab v SS Singh (1961), the Supreme Court discussed the application of the Indian Evidence Act and highlighted the extent of its jurisdiction. This case reaffirms the principle that the Evidence Act applies to all judicial proceedings but does not extend to arbitration proceedings.
In HH Advani v State of Maharashtra (1971), the Court clarified that certain procedural deviations, such as the exclusion of affidavits, are justified based on the specific nature of the proceedings.
Can affidavits be used as evidence?
Affidavits are generally not considered evidence under the Indian Evidence Act unless allowed by law. This is because they cannot be cross-examined.
Does the provisions of the Indian Evidence Act apply to Arbitration proceedings?
No, the provisions of the Indian Evidence Act do not apply to proceedings before an arbitrator. Arbitrators are not bound by the technical rules of evidence, though they must adhere to natural justice.
Legal Disclaimer:
This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult a qualified legal professional.
