Who is the father of Indian Evidence Act 1872?
Table of Contents
Who is the father of Indian Evidence Act 1872?
Sir James Fitzjames Stephen
The 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.
What was section 2 of Indian Evidence Act?
(2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable.
What is Evidence Act in Bangladesh?
(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 produced for the inspection of the Court; such documents are called documentary evidence.
What are the main objectives of the Indian Evidence Act?
The objective of the Evidence Act is that is the Court has to find out the truth on the basis of the facts brought before it by the parties to meet the ends of justice as expeditiously as possible.
Who made law of evidence?
The contemporary Indian evidence law was inherited by the British rule in India and one such legislation was the law of evidence which was enacted on 12 March 1872, when a bill drafted by James Fitzjames Stephen was considered by 13 members of the Viceroy’s Legislative Council.
What is Lex Fori in Evidence Act?
Law of evidence is lex fori. It means evidence is one of those matters which are governed by the law of the country in which the proceedings take place (lex fori) . Evidence is means of proof. Proof is the effect of evidence. The Indian Evidence Act,1872 came into force on 01-09-1872.
What is conclusive proof?
“Conclusive proof”. —When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
How many sections are there in evidence Act?
Sections in IEA (185 total) Including amendments and additions.
What is the law of evidence?
The so-called law of evidence is made up largely of procedural regulations concerning the proof and presentation of facts, whether involving the testimony of witnesses, the presentation of documents or physical objects, or the assertion of a foreign law.
How many chapters are in the Evidence Act?
What is the purpose of Evidence Act?
It sets out rules for oaths and affirmation and provides for the court to control the questioning of witnesses. The court’s discretion as to how it deals with witnesses is wide and intended to ensure that the examination of witnesses in proceedings does not undermine fairness in the trial.
Who wrote CrPC?
Thomas Babington Macaulay
IPC (Indian Penal Code) and CrPC (Criminal Procedure Code) were introduced in the year 1861. These laws were codified by Thomas Babington Macaulay who was law member according to the Charter Act of 1833. These laws were introduced by Lord Canning (1856-1861).
What is the difference between lex fori and lex loci?
There are two main exception to the rule of characterization that is to be made on the basis of lex fori: Lex Situs (applicable to either movable or immovable properties) Lex loci contractus (applicable in cases of contract by correspondence)
What is factum Probandum and factum Probans?
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. 2 An act or deed.
What is positive evidence?
Direct proof of the fact or point in issue, as distinguished from circumstantial proof; proof that if believed, establishes the truth or falsity of a fact in issue and does not arise from a presumption.
What are two types of evidence?
There are two types of evidence; namely, direct evidence and circumstantial evidence. In this case, the People contend that there is circumstantial evidence of the defendant’s guilt.
Who can give evidence?
Section 119 of the Indian Evidence Act, states that a witness who is dumb i.e. unable to speak can give evidence in any manner by which he/she makes it understandable. He can do so by writing the event down, or by signs. Such a written document or the signs should be made in the open Court.