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Legopedia

Know Some Important Features of the Indian Evidence Act

India is a country with the largest democracy in function. There are various acts under the judiciary to enhance the law and order of the country with accuracy. Indian Evidence Act is one such act passed in 1872 and formed during the time of British Raj in India. The law changed the face of Indian law as before introducing it, the law was based on caste, community, and religion and after the enforcement, and it proved that law is equal for everyone in the country.  These important features are-

  •    Fact
  •    Court
  •    Relevant fact
  •    Facts in issue
  •    Document
  •    Circumstantial Evidence
  •    May presume
  •    Shall presume
  •    Conclusive proof
  •    Evidence
  •    Proved
  •    Disproved
  •    Not proved
  •    Affidavit
  •    Motive

Some of them are explained below:

Fact:  The term “fact” in the judiciary means

–    Anything, place, state, relation capable of being alleged by the human senses,

–    The mental state or condition of any person in the conscious state.

Examples:

–    a piece of paper kept on a table is a FACT

–    A girl heard something or someone is a FACT

Court: The term “court” means that judge or magistrate is liable to take the evidence for any case. The court is a government institute to solve the issue prevailing in the country. Everyone all around the country can take their dispute to the court and they are liable to solve them.

The Plaintiff-  A person who complains about the injuries to him by any means.

The Defendant- A person who is in the defense as the case is against him/her and tries to prove that they are innocent.

The Judicial power– A person who is in the power to make the decision on behalf of the government is appointed as a judge.

Relevant fact: the term “relevant fact” means the facts associated or connected with the case and the persons related to it. Anything or any person can be considered as a relevant fact if they are attached to the case and can help to solve it.

Document: any written documents may it be printed, a handwritten or soft copy can be considered as the important document for any case. Example-

  •   Writing is a document;
  •    Words printed documents;
  •    A map or plan is a document;
  •    An inscription on a metal plate or stone is a document;

Thus, here some of the important features are explained in the details for the people who want to understand the act properly.

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by ashish padhy

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