Vol. 12 · pages 551–555

LAW OF EVIDENCE 1. § Meaning of the word Evidence Like most of the words used in the statutes the word has a popular as well as technical meaning. Popular meaning Evidence in its ordinary sense signifies that which makes apparent the truth of the matter in question. 4 Mad. 393. Technical meaning The word however is used in the Evidence Act in a technical sense. Section 3 defines the sense in which the word evidence is used in the Evidence Act. According to that Section Evidence means and includes : (1) All Statements which the Court permits or requires to be made before it by witnesses in relation to matters of fact under enquiry; (2) All documents produced for the inspection of the Court. This definition of the term ‘Evidence’ is incomplete. The depositions of witnesses and documents which only are included in the term evidence as defined by the section are the two principal means by which the materials upon which the judge has to adjudicate are brought before him. The examination of witnesses is generally indispensible and by means of it, all facts except the contents of documents may be proved (Sec. 59). For the proof a document as a statement made by the person by whom it purports or is alleged to have been made, oral Evidence is required. (Sec. 67-73). As compared with the definition of the word “Proved” this definition of the word “Evidence” is narrow. According to the definition of the word “Proved”, “A fact is said to be proved when, after considering the matters before it, the Court believes it to exist . . . . . .” The Expression matters before it is much wider than what the word Evidence is said to include.

534 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Evidence does not include : (1) Statement made by the parties and accused persons. (2) demeanour of witnesses. (3) Results of local inspection. (4) Facts judicially noted. (5) Any real and personal property, the inspection of which may be material in determining the question at issue such as weapons, tools or stolen property. (6) Questions put to the accused by the Magistrate and the answers. But all these are included in the expression “matters before it”. The point is that the definition of evidence is strictly applicable to matters dealt with in the Evidence Act. It does not apply to evidence as dealt with by other Acts. 2. § Genesis of the Indian Evidence Act. 1. The Law of Evidence in India is contained in Act I of 1872. § Diversity of the Law of Evidence 2. There were two sets of Courts in British India ever since 1773 when the Regulating Act was passed by Parliament with a view to control the administration by the East India Company of its Indian possessions. There were the Supreme Courts established by Royal Charter in the Presidency Towns of Bombay, Madras and Calcutta. In the Muffassils, there were Courts established by the East India Company, Civil and Criminal. The rules of Evidence followed by the Supreme Courts were different from the rules of evidence followed by the muffassil Courts. 3. The Supreme Courts followed such of the rules of evidence as were contained in the Common and Statute Law which prevailed in England before 1726 and which were introduced by the Charter of that year in India. Some others were rules to be found in subsequent statutes of Parliament expressly extended to India ; while others again, had no greater authority than that of use and custom.