Salient features of The Indian Evidence Act,

1872
1. PROCEDURAL LAW

Procedural laws define the rules with which substantive laws may be enforced.

Thus, Evidence Act is essentially a procedural law.

2. LEX FORI

• IEA is the law of the forum (or court)

• If foreigners come before an Indian court they cannot insist upon their law of evidence being
followed. The Indian court knows only the Indian Law of Evidence and will follow it.

3. NATURE OF LAW OF EVIDENCE

The law of evidence occupies the most important place in adjective law. It is for the courts to
ascertain the existence or non-existence of certain facts and to apply the substantive law to the
ascertain facts and to declare the rights and liabilities of the parties in so far as they are
affected by such facts. The means by which the courts inform themselves of the existence of
these facts is termed as evidence.

6. OBJECT OF LAW OF EVIDENCE

The object of the court is to prevent the inaccuracy in the admissibility of evidence and to
introduce a more correct and uniform rule of practice.

7. BASIC RULES OF EVIDENCE

• Evidence must be confined to the matter in issue;

• Hearsay evidence must not be admitted; and

• Best evidence must be given in all cases.

8. Application of Evidence Act: Section 1 of IEA

Non applicability

· the Army Act (44 & 45 Vict., c. 58)

· the Naval Discipline Act (29 & 30 Vict., c. 109) or

· the Indian Navy (Discipline) Act, 1934 (34 of 1934) or ü

· the Air Force Act

9. SAME FOR BOTH CIVIL & CRIMINAL PROCEEDINGS

11. KINDS OF EVIDENCE

1. Best Evidence

2. Direct evidence

3. Circumstantial evidence

4. Hearsay Evidence

5. Oral and Documentary Evidence

6. Primary Evidence and Secondary Evidence

7. Substantive and corroborative evidence

8. Judicial evidence & Non-judicial evidence

9. Real and Personal Evidence

10. Digital/electronic Evidence

11. Scientific/Expert/Trace Evidence

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

APPLICABILITY
All judicial proceeding in or before any court

Labour court

Industruail tribunal national tribunal election tribunal

Non- applicability

- Affidavit
- Arbitration proceddign
 - Administrative tribunal
- Court martial convened under-
o Army act
o Naval discipline act
o Arm force act

-Commission of enquires

-Income tax tribunals

FACTS
External Facts- Anything or state of a thing or relation of things which is capable of being
perceived by the five senses.

Internal Facts- Any mental condition regarding which a person is conscious of.

- The arrangement of certain objects in a certain order is a fact

- A man hearing or seeing something is a fact
- A man uttering certain words is a fact
- A man holding a certain opinion, having certain intention, acting in good
faith or in a fraudulent manner, or using a particular word in a particular
sense, or being or having been conscious of a particular sensation at a given
time is a fact
- A man having a certain reputation is a fact.

FACTS IN ISSUE (Section 3)

Facts in issue are those facts which are further given under section 3 explain
below –

(1) Alleged by one party and denied by the other in the pleadings in a civil case or

(2) Alleged by the prosecution and denied by the accused in a criminal case.
So, the Facts in issue are those facts out of which some legal right, liability or
disability involved in the inquiry, but necessarily arises and upon which a decision
must be arrived at.

Because the fact in issue in a particular case is by the substantive law or by the
branch of the law of procedure. So, which regulates the law of pleadings, civil or
criminal.

RELEVENT FACT

Indian Evidence Act does not give the definition of the word Relevant but
surprisingly from section 5 to section 55 the relevancy of the facts is dealt wit

EVIDENCE ORAL AND DOCUMENTRY

CIRCUMSTANICAL EVIDENCE

DIRECT EVDENCE- Mr X is standing in front of mr a, and you are there , X hit the
forehead of A as a consequences A dies, everything happened in front of you. This
is best direct evidence.

INDIRECT EVIDENCE Mr. A and X has a fight few days before and now X carries
grudge against a and one day A is dead, on the death scene, somebody has seen
the car of mr, X during the time of such murder and mr. X could not say he was
not there in murder scene, he couldnto prove himself not present at the murder
place. this is indirect evidence.

CIRCUMSTANCIAL EVIDENCE Imagine you hear a gun shoot, from a direction, and
you run towards the direction from where you heard it, you see a mr, x standing
there with gun in hand and smoke coming out of it, and a dead body in his front.
This give idea that s shoot body, there is other chances also, shoot was done by
some body else, X came quickly and and hold the gun in shock and you are going
after x and seeing x holding gun and smoking out of pistol , this is circumstantial
evidence. Whatever you have seen, it can help in case. But not in 100%

vidence of the defendant’s fingerprints were at the scene of the crime

The defendant was seen running out of the jewelry store

A woman saw the defendant carrying a small bag while running down the street

When the defendant was arrested later that day, he had $3000 cash on him

DIRECT EVIDNCE

A a person took out a gun and front of your eyes hit a b and he dies, this is
best/direct evidence.

Direct evidence is evidence that directly connects the defendant with the crime
he or she are charged with, without any inference (steps of reasoning or
speculation) required. Direct evidence itself creates the single inference that
supports the assumption of truth needed to convict a defendant of a crime.

In terms of testimony, a reliable witness testifying that they saw the defendant
commit the crime is considered direct evidence. It should be noted that while
witness testimony is strong, there are variations in the way people perceive
factual events and can therefore be challenged, especially in instances of a single
witness.

Security footage clearly shows the defendant reaching behind the counter and
grabbing a necklace

The defendant was seen by two witnesses (a customer and employee) taking the
necklace

The defendant was caught trying to sell the necklace to another jewelry store
The defendant admits to the police that he took the necklace

PRESUMPTION

PROVIGN : A fact is said to be proved when, after considering the matters before
it, the court either believes it to under the circumstances of the particular case, to
act upon the supposition that it exists.” We are performing several acts in this
physical world. But it is not possible for us to attain complete certainty in all
activities. Hence, we have no other option than to act on the basis of the majority
of probabilities. Court itself also takes the assistance of this concept.

NOT PROVIGN

Section 3 says that- “A fact is said not to be proved when it is neither proved nor
disproved.” Thus, the expression “not proved” is a mental situation between
proved and disproved. It rejects both proved disproved. Whenever it cannot be
certainly said in any matter on the basis of evidence produced that a fact is
neither proved nor disproved, it will be called ‘not proved’.

DISPROVING

: Disproved is the exact opposite of proved. According to section 3- “A fact is said

to be disapproved when, after considering the matters before it, the court either
believes that it does not exist, or considers its non-existence so probable that a
prudent man ought under the circumstances of the particular case, to act upon
the supposition that it does not exist.

WITNESS
Witness is a person who witnesses any act or series of acts or a scene taking place. A witness
may be any person who has the ability to perceive a fact through his senses. A competent
witness may perceive any act from his eyes or ears or smell or sensation or touch or any other
reasonable mode.
Interested Witness

An interested witness is a person who wants the accused to be behind bars for the crime he
committed. Any person may be an interested witness like a friend of the prosecution, or any
ther person who wants the culprit to be punished.

Other person who wants culprits to be punished.

Chance Witness

Any person who, by coincidence or chance, is present at the scene of a crime or is

passing by the scene of a crime is called a chance witness.

Stock Witness

The word stock means something which is stored or kept in for future use as per
the availability. Stock witness is a person who remains at the backfoot of police
and comes in front as per directions of police. Their testimony is not very reliable,
and the court always opts not to stand on his testimony. Such witnesses are
highly disfavored by the judges.

Eye Witness

A person who, from his eyes, witnesses any act or scene of the crime, is an eye
witness to that offence. An eye witness may be any person like a stranger or
relative or any other person. From the perspective of evidence, an eye witness is
an important evidence in solving a case. It is generally said that anything can
betray but not the eyes.

Official Witness

When a person from the police force gives testimony in the court of law, it is an
official witness. It is termed an official witness because a person on duty gives
evidence in favour of the prosecution. It is said that evidence of the police witness
should not be discarded merely because a person belongs to the police force, and
therefore he can be biased towards prosecution in making the case strong. His
credibility cannot be doubted in this manner.

Related Witness

If a person to be a witness in court is a relative of the person who called him to be

produced as a witness, is related witness. When a person is related to a person,
his statement shall not be discarded or rejected due to the reason that he is his
relative, and he may be biased in the case. It should not be presumed that a
related witness will always favour his relative and not the truth.

Appreciation of witness
The golden rule with regard to appreciation of evidence is as pointed out in
Pritam Singh vs. State of Punjab [AIR 1956 S.C. 415] that a judge should not
incorporate his observations in the judgment since the observations of the judge
are not the substitute for evidence and consequently a conviction based on such
observations of the judge is bad in law.

While writing the judgment, the operative portion of the judgment should be
clear, specific and unambiguous.

The operative portion of the judgment shall contain recitals as to whether the
accused is convicted or acquitted.

HEALTH LAW
Health law in constitution
Right to Health is not included as an explicit fundamental right in the Indian
Constitution. Most provisions related to health are in Part-IV {Directive
Principles}. These are:

Article 38 says that the state will secure a social order for the promotion of
welfare of the people. Providing affordable healthcare is one of the ways to
promote welfare.

Article 39(e) calls the state to make sure that health and strength of workers, men
and women, and the tender age of children are not abused.

Article 41 imposes duty on state to provide public assistance in cases of

unemployment, old age, sickness and disablement etc.

Article 42 makes provision to protect the health of infant and mother by

maternity benefit.

Article 47 make it duty of the state to improve public health, securing of justice,
human condition of works, extension of sickness, old age, disablement and
maternity benefits and also contemplated. Further, State’s duty includes
prohibition of consumption of intoxicating drinking and drugs are injurious to
health.

Article 48A ensures that State shall Endeavour to protect and impose the
pollution free environment for good health.

Apart from DPSP, some other provisions related to health fall in 11th schedule
and 12th schedule as subjects of Panchayats and Municipalities respectively.
These include drinking water, health and sanitation, family welfare, women and
child development, social welfare etc.

The above description makes it clear that most provisions related to health fall in
DPSP in the constitution. They are non-justifiable and no person can claim for
non-fulfilling of these directives. However, Judiciary has widely interpreted the
scope of Right to Health under Article 21 (right to life) and has thus established
right to health as an implied fundamental right. Not only article 21 but also other
articles under Part-III have been linked to Right to Health. For example, Article
23(1) prohibits traffic in human beings. Since trafficking of women leads to
prostitution, which in turn is to major factor in spread of AIDS, this article has
been linked to Right to Health. Similarly, Article 24 says that No child below the
age of 14 years shall be employed to work in any factory or mine or engaged in
any other hazardous employment. It is directly related to Child health.

Further, in relation to the serious medical cases, the supreme court has provided
certain directions such as:

Provision of adequate health facilities at public health centers.

Upgradation of sub-divisional level hospitals to make them capable of treating

serious patients.

To ensure availability of bed in any emergency at State level hospitals, there

should be a centralized communication system so that the patient can be sent
immediately to the hospital where bed is available in respect of the treatment,
which is required.

Proper arrangement of ambulances adequately provided with necessary

equipments and personnel.

Further, the Supreme Court in Paramanand Katara v Union of India case gave a
landmark judgement that a every doctor at government hospital or otherwise has
the professional obligation to extend his services with due expertise for
protecting life of a patient.
OFFENCE RELATING TO PUBLIC HEALTH IN
IPC
The Indian Penal Code in chapter XIV from sections 268 to 294A deals with the
offence of public nuisance. These offences include affecting public health, safety,
convenience, decency and morals. Nuisance is a French term which means ‘to
harm’ or ‘to injure’. Anything that causes hurt, inconvenience, or damage or
which essentially interferes with the enjoyment of life or property. The objective
of this chapter is to safeguard the public health; safety and convenience by
making those acts which pollute the environment or threaten endanger public
health directly or indirectly have been brought under the purview of the penal
code.

Spread of infections

Sections 269-270 deals with this in detail, it is necessary for the preservation of
society that no one should jeopardise its existence by any criminal, unlawful or
negligent act. The current COVID-19, coronavirus, would be an example under this
section, someone escaping quarantine and endangering people in society could
be criminally liable under this section. Some of the diseases that are dangerous to
life are Syphilis, smallpox, Cholera, Plague, AIDS.

Adulteration of food, drink and drugs

Section 271 deals with adulteration of food and drink intended for sale and the
next section deals with the sale of noxious drink. It is an offence to knowingly sell
food unfit for consumption or mix the same with other food and supply it as food
for human consumption. Adulteration means infusion of some foreign substance
or mixing of food, drink or drugs with other articles of inferior quality or
deleterious character.
Fouling water

Section 277 deals with when water has been made foul in a public spring or
reservoir to render it less fit for the purpose for which it is ordinarily used, this is
punishable under this section. The purpose for which the water is ordinarily used
must be considered in determining whether there has been a voluntary
corruption, within the meaning of this section. The words ‘corrupts’ or ‘fouls’
means some act which physically defiles or fouls the water, bathing in a tank or
spitting into a public well fouls drinking water.

Making the atmosphere noxious to health

Section 278 deals with a specific form of public nuisance and not a private
nuisance. It punishes the public nuisance of vitiating the atmosphere of a place in
sucha manner as to make it noxious to the health of all the people living and
carrying their business in the neighbourhood or passing along a public way.

In the case of, Public Safety

Rash driving

Section 279 deals with rash or negligent driving that endangers the life or is likely
to cause hurt or injury to any person. The accused was riding rashly, negligently
without exercising due care for the safety of others which a prudent man might
reasonably be expected to exercise, he would be guilty under this section.

Rash navigation

Section 280 & 282 deals with rash navigation, these sections deal with the cases
of rash navigation of a vessel on the sea and all waterways, public or private lakes
but not to navigation on the high seas. 282 deals with conveying passengers by
water for hire in an unsafe or overloaded vessel. The section is not only confined
to overloading but also the conveyance of a passenger in an unsafe vessel.

Endangering public ways

Section 281 deals with exhibition of false signals to a vessel with a desire to
mislead a navigator. Due to the gravity of this offence, punishment in such cases
may extend to seven years imprisonment or fine or both. Section 283 deals with
the causing of danger or obstruction in a public way or public line of navigation an
offence. This section seeks to punish persons who do acts causing danger,
obstruction or injury to any person in a public way.

Negligent handling of poisons, combustibles and explosives

Sections 284 to 289 require absolute care on the part of those handling
substances, such as poisons, which may prove dangerous to life, if not handled
carefully. These sections deal with negligent conduct concerning fire, machinery,
explosive substances, repairing buildings, pulling down buildings, animals and so
on.

In the case of, Public Morals and Decency

Spread of obscenity

Section 292 deals with sale, etc., of obscene books, etc., the fundamental object
and purpose of criminal law is to protect and conserve the safety and security of
primary personal rights of individuals, such as right to life, body, right to property,
habitation etc,. But also to protect and guard morals and public decency and to
conserve the moral welfare of the state. A careful perusal of the provisions in
section 292 would reveal the word obscenity has not been defined. However,
judicial attempts to explain the words have indicated a test to explain the context.
The test of obscenity given Cockburn,CJ of the House of Lords in R. v. Hicklin
stated the test of obscenity is this, whether the tendency of the matter charged as
obscenity is to deprave and corrupt those whose minds are open to such immoral
influence and into whose hands a publication of this sort may fall. It is quite
certain that it would suggest to the minds of the young of either sex, or even to
persons or more advanced year, thoughts of a most impure and lubricious
character.

Section 293 deals with sale of obscene books to young people, and 294 deals with
obscene acts and songs.

Public gambling

Section 294A prohibits the keeping of any lottery office to draw any lottery etc
and provides punishment of imprisonment upto six months or fine or both. The
lottery is treated on the same footing as gambling because a lottery is a
distribution of prizes by lot or chance without the use of any skill as in gambling.
The section makes an exception in favour of state-owned or sponsored lotteries.