Indian Evidence Act’s four most important questions
The whole base of the Indian Evidence Act is pillared on four questions:

1. WHAT IS EVIDENCE GIVEN FOR?
Answer: Evidence is given for Facts (Facts in Issue and Relevant Facts). Note that evidence is not given for Law.

2. HOW ARE THE EVIDENCE FOR FACTS GIVEN?
Answer: Evidence for facts is given orally called Oral Evidence, or by proper documents called Documentary Evidence.

3. ON WHOM DOES THE BURDEN OF PROOF LIES?
Answer: Burden of Proof generally lies on the Plaintiff; that is the party introducing the suit.

Note: There are several instances when burden of proof lies on the defendant. For example, in rape complaints, the defendant (against whom the case has been filed) has the burden to prove that he is innocent.

4. WHAT CAN HAPPEN WITH FACTS? / WHAT IS THE EVALUATION OF FACTS?
Answer: The fact is either:
A. proved: Court believes the facts to exist or considers its existence so probable (most likely; expected) that a normal man, under the circumstances of particular case assumes it to exist.
B. disproved: Court believes that the facts do not exist or considers its existence so probable that a normal man, under the circumstances of particular case assumes it not to exist.
C. not proved: When a fact is neither proved nor disproved then it is said to be not proved.

Read Next:
Motto Of Indian Evidence Act
Indian Evidence Act Summary

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4 Comments

  1. This is my discovery. I post it first in the Wikipedia. There is two things required to understand. In the first question its stated that the Evidence is given only for law and not evidence is not true. Law and Facts are connected to each other. like LAW says Any one do not wear helmet shall be punishable with fine. FACT is mr.A has not wear helmet so he is liable to pay fine. Moreover For showing some laws of land or foreign laws etc. Evidence by gazette copy can be given and that is evidence.

    1. Author

      Hi Tejas, hope you are doing excellent.
      (It was bit hard for me to precisely understand what you are saying. Here is my reply based on my understanding of your comment.)

      Evidence is given only for facts in issue and relevant facts and NOT for law.
      Evidence Act itself clears this expression if we go to its interpretation clause and derive the meaning, what statute intends to give us.

      (Section 57 of Indian evidence Act clearly gives the list of facts which are not required to be proved before court as they are judicially noticeable facts and the law of the country is the first entry in that list.)

      Order VI of CPC which describes manner of pleading also states that pleading should contain material facts only and not any law or evidence because law is presumed to be in the knowledge of judicial body therefore no evidence is required be stated.

      Hope it helps. (Feel free to debate / correct / add to my comment.)

  2. This notes very useful to study and it is very understand

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