The Indian Evidence Act, 1872 was created to standardize evidence laws across the British Indian Empire, eliminating disparities based on class and religion. It regulates admissible evidence in civil and criminal cases, defining relevance and burden of proof, and outlining rules for testimonial and documentary evidence. The law remains in effect in India, but was revoked in Pakistan in 1984.
The Indian Evidence Act, 1872 is an Indian piece of legislation developed with the purpose of streamlining evidence laws across the British Indian Empire, which included both modern India and Pakistan. Prior to this collection of statutes, which was first drafted by Sir James Fitzjames Stephen, different areas of India each had their own rules of trial governing disputes. In most cases, these rules applied to each individual differently based on the class and religious beliefs of the individual being prosecuted. The Indian Evidence Act eliminated these disparities.
The purpose of the Indian Evidence Act was to reform the rules of evidence as they pertained to Indian nationals, which were under the rule of the British Empire at the time. The rules of evidence are the procedures governing litigation and prosecution within a given court. In general, the purpose of these rules is to provide a fair trial for the defendant to defend himself against any charges that have been brought against him. Prior to the Indian Evidence Act, disparate rules applied to people from the higher classes and more regarded religious groups versus those who were regarded less favorably by Indian society. This disparity resulted in inequity towards the lower classes.
The Indian Evidence Act was first conceived in 1850 when Sir Henry Summer Maine was charged with preparing a bill that would regulate the trial in the Indian courts. Unfortunately, the draft he prepared proved inappropriate for implementation in India, so the project was shelved for several years thereafter. Finally, in 1871, the British Parliament requested the services of Sir James Fitzjames Stephen to draft a new bill. On September 1, 1872, the bill was put into force and became the law governing all litigation and prosecutions in the Indian courts.
The Indian Evidence Act regulates admissible evidence in both civil and criminal cases. It defines everything from the relevance determination threshold – which is the tendency of evidence to prove or disprove a fact that applies to the issue at hand – to the burden of proof – which is the level of certainty that must be met to find a verdict. Furthermore, specific rules are outlined within the Indian Evidence Act on the admissibility of testimonial and documentary evidence, i.e. witness accounts and written evidence. These regulations were to apply to the entire British Indian Empire. Even though India gained its independence from the British Empire in 1947, the law remains in effect there, even though Pakistan revoked the law in 1984.
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