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 country. SECONDLY because a competent knowledge of the Eglish law could then be hardly expected from the judges and so a strict application of the law would result in miscarriage of justice.
FIRST Evidence Bill of 1868 & Necessity for Legislation - In 1868 , the Indian law Commissioners Prepared a Draft Bill which was circulated to the Local Govt. for Opinion. Mr.Sir Henry Maine introduced the draft Bill.
THE Bill Dropped – This Bill did not proceed beyond the first reading & its was pronounced by every legal authority to which it was submitted, to be un – suitable to the want of the country.
EVIDENCE Act of 1872 – Two years later, Mr. Stephen prepared a new bill, which was finally passed into law in 1872. The act is based entirely on the English law of evidence and the industry and care with which the great mass of principles and rules of English law have been codified. But the subject is a vast one & as everything has been compressed within the four corners of the code which comprises only 167 sections.
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 country. SECONDLY because a competent knowledge of the Eglish law could then be hardly expected from the judges and so a strict application of the law would result in miscarriage of justice.
FIRST Evidence Bill of 1868 & Necessity for Legislation - In 1868 , the Indian law Commissioners Prepared a Draft Bill which was circulated to the Local Govt. for Opinion. Mr.Sir Henry Maine introduced the draft Bill.
THE Bill Dropped – This Bill did not proceed beyond the first reading & its was pronounced by every legal authority to which it was submitted, to be un – suitable to the want of the country.
EVIDENCE Act of 1872 – Two years later, Mr. Stephen prepared a new bill, which was finally passed into law in 1872. The act is based entirely on the English law of evidence and the industry and care with which the great mass of principles and rules of English law have been codified. But the subject is a vast one & as everything has been compressed within the four corners of the code which comprises only 167 sections.
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