The Bharatiya Sakshya Adhiniyam, 1872 (Indian Evidence Act) is a law that governs the admissibility of evidence in courts in India. It was enacted by the British Indian government in 1872 and has been amended several times since then. The act is based on the English law of evidence and is divided into 15 chapters and 167 sections.
The act defines what evidence is and how it can be presented in court. It also sets out the rules for determining the weight of evidence. The act is applicable to all civil and criminal cases in India.
Key Features of the Bharatiya Sakshya Adhiniyam
The following are some of the key features of the Bharatiya Sakshya Adhiniyam:
- It defines what evidence is: The act defines evidence as “any statement which the court permits or requires to be made before it by a witness, in relation to a matter of fact under inquiry”.
- It sets out the rules for admissibility of evidence: The act sets out the rules for determining whether or not evidence is admissible in court. These rules include the following:
- The evidence must be relevant to the matter of fact under inquiry.
- The evidence must be capable of being proved.
- The evidence must be the best evidence available.
- The evidence must not be excluded by any rule of law.
- It sets out the rules for determining the weight of evidence: The act sets out the rules for determining the weight of evidence. These rules include the following:
- The weight of evidence depends on the credibility of the witness.
- The weight of evidence depends on the consistency of the witness's testimony.
- The weight of evidence depends on the corroboration of the witness's testimony.
The Importance of the Bharatiya Sakshya Adhiniyam
The Bharatiya Sakshya Adhiniyam is an important law that plays a vital role in the Indian justice system. The act ensures that the evidence presented in court is reliable and relevant. It also helps to ensure that the trial process is fair and just.
The act has been amended several times since it was enacted in 1872. These amendments have been made to reflect the changing needs of Indian society. The act is likely to be amended further in the future to keep up with the changing times.
Conclusion
The Bharatiya Sakshya Adhiniyam is a comprehensive law that governs the admissibility of evidence in courts in India. The act is an important part of the Indian justice system and helps to ensure that the trial process is fair and just.
