|46. THE INDIAN EVIDENCE ACT-1872|
|Indian Penal Code deals meaning of crimes and their punishments.
Code of Criminal Procedure deals with how to punish ? the procedure
of awarding punishment. Now Indian Evidence Act deals how to prove
against any accused. It relates with evidences. It told us what is
taken as evidence and what is not be taken as evidence. It has also
provisions of some related matters.
It applies to all judicial proceedings in India. It is to clarify that most of the Tribunals, Consumer Courts, Labour Courts, proceedings are not judicial proceedings, so this act does not applies on them but even then broadly they follow its provision.
The famous gHawala Scamh which has taken senior politicians and bureaucrats into its grip, failed due to non-fulfillment of conditions of Indian Evidence Act. The Delhi High Court Judge, Honf able Justice Mohamad Shamim held that loose sheets etc. can not be converted into legal evidence as per Indian Evidence Act and such no legal evidence is against the accused and discharge the accused. Supreme Court also further upheld this judgment.
It has 10 Chapters and 167 Sections. It told in details on relevancy o facts, which need not be proved, oral ? documentary evidences about the burden of proof, witnesses and the examination of the witnesses.
Any offence is to be proved as per Indian Evidence Act before awarding any punishment or in Civil cases any order can be given after the proceedings of evidence as per this Act. This is also one of the main law which must know.