878 March 30 2022

THE INDIAN EVIDENCE ACT, 1872 EXPLAINED IN SIMPLE WORDS (3 Minutes Read)

The Indian Evidence Act, 1872 is the rulebook that guides Indian courts on how to deal with evidence during trials. It tells judges what kind of facts can be trusted, how proof should be presented, and what cannot be considered at all. It applies only to courts of law, not to private tribunals or arbitrators. Lawyers call it lex fori, which simply means it is about procedure—it explains how to prove or disprove facts in court rather than deciding what the law is.

The Act works differently depending on whether the case is civil or criminal. In civil cases, such as disputes about property or contracts, the standard of proof is lighter. The judge only has to decide whose story seems more likely to be true, even if it is only slightly more convincing. For example, if two people fight over land and one shows a signed sale deed while the other has nothing but oral claims, the balance tilts in favor of the person with the deed. Criminal cases, however, require a much higher standard. Guilt must be proved “beyond reasonable doubt.” This means that if a man is accused of murder, the judge must be almost completely certain—around 99% sure—that he committed the crime. Otherwise, the accused is given the benefit of doubt. That said, once certain strong evidence appears, like a gun recovered from the accused’s home that matches the bullets used in the crime, the burden shifts, and the accused must explain how it ended up there.

Evidence itself comes in different forms. Oral evidence is what witnesses say in court. For instance, a shopkeeper may testify, “I saw Ramesh steal the bike.” Documentary evidence includes papers and records, such as property agreements, WhatsApp chats, or CCTV footage. Real or physical evidence consists of actual objects related to the case, like a blood-stained knife or fingerprints. However, general gossip about someone’s character—such as “he is a hot-tempered person”—is not usually allowed unless it directly relates to the case.

The law also draws a line between direct, circumstantial, and hearsay evidence. Suppose Jaggu is accused of killing Jugni. If a neighbor says, “I saw Jaggu stab Jugni,” that is direct evidence. If another says, “I saw Jaggu running away with a blood-stained knife moments after Jugni’s body was found,” that is circumstantial evidence. If someone else says, “I heard my friend say Jaggu killed Jugni,” that is hearsay. Courts do not usually accept hearsay because it is second-hand information. Direct evidence is powerful, but circumstantial evidence can also be very strong—sometimes even stronger—because, as lawyers often say, “witnesses may lie, but circumstances rarely do.”

Another distinction is between substantive and corroborative evidence. Substantive evidence is the main proof, such as a victim directly saying she was harassed. Corroborative evidence is supporting proof, such as call records or eyewitness accounts that back up her statement. While corroborative evidence alone cannot decide a case, it strengthens the reliability of the main evidence.

The Act also makes it important to understand the difference between a general fact and a “fact in issue.” A fact is anything that can be seen, heard, or experienced, like Jaggu being spotted near Jugni’s house. But a “fact in issue” is the specific question the court must answer—for example, did Jaggu actually kill Jugni? In a murder trial, the prosecution must prove four things: the person is dead, the death was caused by someone else, the accused caused the death, and he intended to do it. Unless all these are established, the case fails.

One particularly interesting concept is the doctrine of res gestae, which allows courts to admit facts that are part of the same event as the crime. Imagine Jugni screaming “Jaggu is hitting me!” during the attack. Though this is not the main issue, her spontaneous cry is considered part of the incident itself and can be used as evidence. Similarly, the reactions of bystanders at the scene may also be relevant. This ensures the court gets the complete picture, not just fragments.
The Act also draws a line on what is not acceptable. Evidence obtained illegally—for example, hacking into someone’s email or stealing their private diary—cannot be used. Rumors and gossip, too, are filtered out because they are unreliable.

It even recognizes the difference between corporeal and incorporeal rights. Corporeal rights relate to things you can touch, like ownership of a car or a house. Incorporeal rights, on the other hand, are about intangible property, such as a copyright over a book, a license, or the right to use someone’s pathway.

In the end, the Indian Evidence Act, 1872 remains the backbone of justice in India. It ensures that trials are not decided by speculation, prejudice, or mere suspicion but by credible proof. By carefully deciding what kind of evidence can be admitted, how it must be weighed, and what should be rejected, it protects both the innocent and the victims. In simple words, the Act makes sure that justice rests on tested truth—whether through direct witnesses, circumstantial clues, physical objects, or documentary records—while filtering out hearsay, gossip, and illegally obtained material.

Author

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Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


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