Evidence Act

Brief historical background of Evidence Act:

Evidence Act was passed in 1782 named as Indian evidence Act, 1872.Based of this Act was the English law of evidence. Then India was under the dominance of British. After separation of India and Pakistan in 1947, Pakistan adopted Indian evidence Act as same and named Pakistan evidence Act. Subsequently, in 1971 Bangladesh achieved freedom from Pakistan. Bangladesh also adopted Indian evidence Act as same and in Bangladesh it’s called the Evidence Act, 1872.

Definition of evidence: The word evidence has not been defined in the Act. The word evidence is derived from the Latin word “evident” or “evidere” which means to show clearly, to discover clearly, to ascertain, to prove, etc.

Evidence is all things, statement or document, made or produce before the court to help it for receiving correct decision on debated or argued or relevant issue of a particular case.

Evidence is common to both civil as well as to criminal proceedings. Evidence is a part of adjective or procedural law which is essential in the enforcement of the rights. It plays an important role in the litigation process.

Generally, we can say that, evidence is one which helps to prove or disprove any fact or facts of a case. Here fact may be principal or relevant.

Scope of evidence Act: Section 1 of the Evidence Act, 1872 has stated about scope of evidence Act. Here it is said that evidence Act will be applicable to all judicial proceedings in or before any court, including courts martial except courts martial conducted under special laws.

It is also said that evidence Act will not be applicable to:-

1.     Affidavits.

2.     Arbitration.

3.     Courts martial conducted under special laws.