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History of the Law of Evidence in India

A brief history of the Law of Evidence in India before the passing of the Indian Evidence Act will show the object and necessity for a codified law of Evidence in India. THE Law in the Presidency Towns - Before the introduction of the Indian Evidence act, there was no complete or systematic enactment on the subject. Within the presidency town of calcutta, Bombay & Madras, the court established by the British followed the English rules of Evidence. THE laws of Mofussil - There were no fixed rules of Evidence. The law was vague & indefinite. Gradually, in the Mofussil courts the belief gained groung that it was their duty to administer the English law of evidence & a tendency towards a capricious administration of that law prevailed. This was thought undesirable for two reasons. FIRST because the English law of evidence based as it is on the social and legal institutions of England was not applicable here in its entirety, owing to the ppeculier circumstances of this co