The Evidence Act 1872
The History of Evidence Act, 1872
When Pakistan and India gained independence on 14th and 15th August 1947 respectively, the Act continued to be in force throughout the Pakistan and India except the state of Jammu and Kashmir.
After the independence of Bangladesh in 1971 the Act continues to be in force in Bangladesh.
It is Act no 1 of 1872
Come into Force: 1st September 1872
Category of Evidence Act, 1872:
1. Substantive Law:
Which explains the parties to understand their rights and duties. Such as: Penal Code, Contract Law, Law of Property etc.
2. Procedural/Adjective Law:
Which determines the procedure of litigation. Such as: CPC, CrPC etc.
Evidence Act is Procedural/Adjective Law
Characteristics:
The Law of Evidence establishes a working structure for the courts from the grass
root level.
It filtering the truth and serving justice to the people of the
country.
Structure
of Law of Evidence:
Part I
Relavancy of Fact
Chaoter 1: Preliminary, Section 1 - 4
Chapter 2: Relavancy of fact, Section 5 - 55
Part II
On Proof
Capter 3: Facts which need not be proved, Section 56 - 58
Chapter 4: Oral Evidence, Section 59 - 60
Chapter 5: Documentary Evidence, Section 61 - 90A
Chapter 6: Of the Exclusion of Oral by Documentary Evidence,
Section 91 - 100
Part III
Production and Effect of Evidence
Chapter7: Burden of Proof, Section 101 - 114
Chapter 8: Estoppel, Section 115 - 117
Chapter 9: Witness, Section 118 - 134
Chapter 10: The Examination of Witness, Section 135 - 166
Chapter 11: Improper Admission and Rejection of Evidence,
Section 167
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