THE INDIAN EVIDENCE ACT AND ITS IMPACT ON CRIMINAL APPEALS

ABSTRACT

The Indian Evidence Act of 1872 marks a significant shift from India’s traditional oral and localized legal practices to a standardized and systematic approach based on English law. Its main aim is to ensure fairness and efficiency in judicial proceedings by defining the admissibility and evaluation of evidence across civil, criminal, and arbitration cases. It addresses the burden of proof and witness testimonies, crucial for ensuring just criminal appeals along with other elements. Judicial interpretations, as demonstrated in landmark cases like Pakala Narayana Swami v. Emperor and Abdul Rashid v. State of Bihar, emphasize the Act’s role in determining the admissibility of confessions and the evidentiary value of electronic records. There have been amendments to the Act which reflects the ongoing adaptation to contemporary legal challenges. Despite these developments, balancing the rights of the accused with effective law enforcement remains a critical challenge in criminal appeals.

KEYWORDS

Indian Evidence Act, Burden of Proof, Criminal Appeals, Electronic Evidence, Fair Trials.

INTRODUCTION

The Indian Evidence Act, 1872, stands as an essential part of the Indian legal system. It has transitioned from the ancient, diverse legal traditions to a unified, systematic legal framework influenced by English law. Prior to its enactment, Indian law heavily relied on oral traditions and local customs which governed evidentiary processes through written records, witness testimonies, property claims, and divine ordeals. The Indian jurisprudence was guided by ancient texts like the Dharmashastras, which prescribed various traditional methods of evidence such as Lekhya, Sakshi, Bhukti or Bhog, and Divya. The introduction of the Indian Evidence Act marked a significant shift towards a more structured and coherent legal process, enhancing fairness and efficiency in judicial proceedings.

The Act is divided into three parts and eleven chapters, covering a wide range of topics such as the definitions of key terms, the relevance and admissibility of evidence, and the roles of various types of evidence, including oral, documentary, and electronic records. Key sections, like Section 3, clarify fundamental concepts, while others, such as Sections 24 and 45, address the treatment of confessions and expert opinions. Landmark cases have further refined the Act’s application, illustrating its impact on the Indian judicial system.

This legal article delves into the intricacies of the Indian Evidence Act, examining its foundational principles, key sections, and significant amendments. It also explores the Act’s major impact on criminal appeals, focusing on its role in ensuring fair trials, the relevance and admissibility of evidence, and the admissibility of confessions and admissions. Furthermore, the legal article addresses contemporary challenges, particularly the handling of electronic evidence, and highlights the judicial interpretations that continue to shape the Act’s application in modern India.

THE INDIAN EVIDENCE ACT, 1872

The Indian Evidence Act was adopted by the British Parliament with an eye to integrating and standardizing regional traditions and local laws by adopting an English-style unified code which later masterminded the enactment of the Indian Evidence Act.[1] Back in time, India’s law was based on ancient texts and local traditions. For example, the Dharmashastras ancient texts outlined rules for the process of evidence and that included the use of written (Lekhya), oral witness testimonies (Sakshi), property (Bhukti or Bhog), and divine ordeals (Divya).[2] The introduction of the Indian Evidence Act marked a significant liberalization of the law that was previously following the oral traditions and thus changing them to a more formal systematic one.

The core purpose of the Act was to preserve fairness and efficiency in the judicial process by stating what admissible evidence is and its evaluation and presentation. This Act has a universal jurisdiction in the Indian legal system as it pertains to all judicial proceedings, civil, criminal, and arbitration as well.[3] The Act consists of three parts, eleven chapters which covers details such as the admissibility of evidence, proof, and the production and effect of evidence. The Act presents the main points in the form of:

Section 3: Serves several important purposes, first of all, it clarifies important terms like “evidence”, “fact”, “proved”, and “disproved.”

Section 5: Specifies that a fact and any other relevant fact can be proved by the production of evidence or by the judge who can take judicial notice of it.

Section 8: Is of the view that how the preparation, motive and conduct of a particular person, before and after events that have already taken place, can be used to determine the relevance and admissibility of evidence.

Section 24: Refuses to include the record of confession obtained by inducement, threat, etc., as evidence in judicial cases.

Section 45: Is on the matter of the admissibility of expert opinions in court.

Section 65: Decides on the use of electronic records as evidence.

Moreover, the Act’s emphasis on the primacy of three main criteria for the admissibility of evidence is clearly seen. Evidence may only be admitted if it is relevant to the subject of the trial, meets the required legal standard for power of proof and does not unduly prejudice or cause injustice if used in a court. The importance of this Act is beyond description in today’s India. Given the fact that our country is undergoing rapid industrialization, urbanization, and the corresponding environmental and social challenges, the set of laws established centuries ago are still very important to solve these problems. This comprehensive legislation has evolved through amendments and judicial interpretations to address contemporary legal challenges. Its impact on criminal appeals is particularly significant, influencing how evidence is assessed and ensuring that convictions are based on reliable and admissible evidence.

THE IMPACT OF INDIAN EVIDENCE ACT ON CRIMINAL APPEALS

The Indian Evidence has various parts that deals with- what facts are considered relevant and admissible in court including sections on the relevance of facts connected with the facts in issue, admissions, confessions, statements by persons, and judgments of courts of justice; addressing the means through which facts can be proved, including the principles of oral and documentary evidence, and the role of public and private documents; outlining the rules regarding the burden of proof, estoppel, and the examination of witnesses, which are crucial for determining the veracity and sufficiency of the evidence presented.[4] All these sections which are included in the various parts of the Act, impacts majorly on the criminal appeals. These includes ensuring free trials, relevance and admissibility, confessions and admissions,

Ensuring Fair Trials: One of the primary impacts of the Indian Evidence Act on criminal appeals is its role in ensuring that the trials conducted are fair. The Act sets strict rules for the admissibility of evidence, which helps prevent wrongful convictions based on unreliable or irrelevant evidence.
Relevance and Admissibility: The sections dealing with the relevancy of facts ensure that only evidence related to the matter is considered in court. This is important in criminal appeals where there is a lot of risks. Sections 5 to 55 specify which facts are relevant and admissible. It eliminates any irrelevant or unrelated information that could prejudice the judicial process.
Confessions and Admissions: The provisions regarding confessions and admissions are very significant in criminal law. Sections 24 to 30 of the Indian Evidence Act distinguishes between confessions and admissions which ensures that only voluntary confessions are admissible. Section 25 specifically prohibits confessions made to police officers from being used against the accused unless confirmed or giving support to further evidence leading to discovery under Section 27.[5] Although, when it comes to confessions and admissions, there are various judicial interpretations.

Pakala Narayana Swami vs Emperor, (1939) 41 BOMLR 428[6]

Background: The appellant was convicted of murder by the Sessions Judge at Berhampur and the High Court of Patna. The murder victim, Kuree Nukaraju, was found in a steel trunk at Puri station. The appellant, his wife, her brother, and a clerk were initially charged, but only the appellant was convicted. The motive suggested was an old affair between the appellant’s wife and the deceased. Evidence included letters, financial transactions, and witness testimonies linking the appellant to the crime.

Issues: The major issues here are whether the evidence admitted under the Indian Evidence Act and the Code of Criminal Procedure was admissible and whether there was sufficient evidence to support the conviction.

Petitioner’s Arguments: The widow’s statement regarding the deceased’s reason for traveling should not be admissible under Section 32(1) of the Indian Evidence Act. The appellant’s statement to the police should be inadmissible under Section 162 of the Code of Criminal Procedure.

Analysis of the Law: Section 32(1) of the Indian Evidence Act allows statements of the deceased about the cause of death or circumstances leading to it. The Court held that the deceased’s statement about traveling to Berhampur was relevant to the transaction resulting in his death. Section 162 of the Code of Criminal Procedure prohibits the use of statements made to police during an investigation.

Precedent Analysis: The court reviewed various cases concerning Section 162 and its applicability to statements made by an accused during investigation. The court sided with the interpretation that Section 162 applies to all statements made to police during investigation, including those made by the accused. The court Reasoned that the deceased’s statement was relevant as it was part of the circumstances leading to his death and the appellant’s statement to the police was inadmissible under Section 162 as it was made during investigation and not under Section 164, which would allow its admission. Therefore, despite the exclusion of the appellant’s statement, there was sufficient evidence to support the conviction. Hence, the appeal was dismissed, affirming the conviction and sentence of the appellant.

Therefore, the judicial interpretation established here was that for a statement to be considered a confession, it must be comprehensive and incriminating. Such cases guide appellate courts in evaluating the voluntariness and reliability of confessions.

Abdul Rashid vs State of Bihar, AIR 2001 SC 2422[7]

Background: The appellant, Abdul Rashid, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Patna High Court. Rashid was found in the company of co-accused Mohd. Islam, from whose possession the narcotic substance was recovered. Rashid’s conviction was based on his alleged confessional statement made to the Superintendent of Excise under the Bihar and Orissa Excise Act, 1915, and the statement of the co-accused, who claimed Rashid was the owner of the narcotics.

Issues: Whether the confessional statement made by the appellant to the Superintendent of Excise is admissible in evidence and whether the confessional statement of the co-accused can be used as sole evidence to convict the appellant.

Judgment: The Supreme Court of India referred to its prior judgment in Raja Ram Jaiswal v. State of Bihar, 1964 AIR 828[8], which held that a confessional statement made to an Excise Officer under the Bihar and Orissa Excise Act is inadmissible in evidence because such an officer is deemed a Police Officer under Section 25 of the Evidence Act. The Court distinguished this from the case of Badku Joti Savant v. State of Mysore, 1966 AIR 1746[9], where a statement to a Deputy Superintendent of Customs and Excise was deemed admissible as that officer was not considered a Police Officer under the Central Excises and Salt Act.

The honorable Court reiterated that a conviction cannot be sustained solely on the basis of a co-accused’s statement unless corroborated by other substantial evidence. Therefore, the Supreme Court concluded that the confessional statement made by the appellant to the Superintendent of Excise was inadmissible and without the confessional statement, there was insufficient evidence to convict Rashid based solely on the co-accused’s statement and his presence at the crime scene. Hence, the outcome of the case was that the Supreme Court set aside Abdul Rashid’s conviction and sentence, acquitting him of the charges. Rashid was ordered to be released immediately if not required in any other case, and any fines paid were to be refunded.

Therefore, the Supreme Court gave the judicial interpretation of the limitations of Section 25, emphasizing that confessions to non-police officers vested with investigative powers are also inadmissible unless stringent conditions are met.

Documentary and Electronic Evidence: With the rise of digital technology, the Indian Evidence Act has been amended to include provisions for electronic evidence. Sections 65A and 65B addresses the admissibility of electronic records, which must meet specific criteria to be considered reliable. This adaptation is crucial for modern criminal appeals where digital evidence often plays a key role. In the landmark judgment of State (NCT of Delhi) v. Navjot Sandhu, 2005[10] the Supreme Court discussed the admissibility of electronic records, emphasizing the need for compliance with Section 65B whereas, the ruling in Anvar.P. V vs P.K. Basheer AIR 2015 SC 180[11], further reinforced that electronic records must be certified as per Section 65B to be admissible, ensuring their authenticity and reliability.[12]

BURDEN OF PROOF AND PRESUMPTIONS

The Indian Evidence Act provides clear guidelines on the burden of proof. It says that the burden of proof lies with the prosecution in criminal cases. Sections 101 to 114 cover the burden of proof and the presumptions that courts can make. This is important in criminal appeals as it ensures that the prosecution must prove the accused’s guilt beyond a reasonable doubt. Hence, this provision protects against wrongful convictions.

Another important aspect to this Act is the witness testimonies. Chapters 9 and 10 deal with the examination of witnesses which is a crucial part in criminal appeals. These sections ensure that witness testimonies are reliable and free from external influences. Hence, it provides clear guidelines on how witnesses should be examined and cross-examined.[13]

AMENDMENTS AND CONTEMPORARY CHALLENGES

The Indian Evidence Act has been amended to address modern challenges, especially regarding electronic evidence. The Information Technology Act, 2000, introduced significant changes to how electronic records are handled, ensuring their admissibility in court. However, issues such as data integrity and cybercrime evidence continue to pose challenges. Some of the notable amendments are as follows: –

Criminal Law Amendment Act, 2005: This amendment introduced changes to increase the protection of women against sexual offenses and adjusted provisions related to evidence handling in such cases.

Criminal Law (Amendment) Act, 2018: This amendment further strengthened the laws against sexual offenses, particularly focusing on the admissibility and treatment of evidence in cases involving minors and sexual harassment.[14]

However, the Indian Evidence Act faces its fair share of challenges in the contemporary time when it comes to criminal appeals. One of the major challenges is balancing the rights of the accused with the need for effective law enforcement. The Indian Evidence Act’s provisions aim to protect individual rights while allowing law enforcement to present strong cases. This balance is both crucial and critical when it comes to criminal appeals, where the potential for wrongful convictions must be minimized.

With the advent of technology, the handling of electronic evidence has become increasingly significant. The Indian Evidence Act’s provisions ensure that such evidence is admissible and reliable.

Another major challenge is with the advent of technology, the handling of electronic evidence has become increasingly important. The Indian Evidence Act’s provisions ensure that such evidence is admissible and reliable. Section 65 B of the Act deals with the conditions under which electronic records can be admitted as evidence. It requires that such records must be produced from a computer used regularly for processing or storing information, and must be certified as per the section’s requirements. The certificate must identify the electronic record and describe the manner in which it was produced, ensuring its integrity and reliability.[15]

CONCLUSION

The Indian Evidence Act, 1872, remains an important fundamental act of the Indian judicial system. It significantly impacts the criminal appeals. The comprehensive framework of the Indian Evidence Act ensures that evidence is handled with integrity, protecting the rights of the accused and upholding justice. It is very much evident that in the contemporary world, a lot has changed. Therefore, as the legal landscapes evolve, the Act’s adaptability to new challenges can also be seen. This can be particularly seen in the electronic evidence, underscoring its enduring relevance. For criminal appeals, the Indian Evidence Act continues to be an essential tool in the pursuit of fair and just outcomes.

REFERENCES

Indian Evidence Act, ENCYCLOPEDIA BRITANNICA, (23 July 2024, 07:50 PM) https://www.britannica.com/topic/Indian-Evidence-Act
Astitva Kumar, Indian Evidence Act: An Exhaustive Overview, IPLEADERS (24 July 2024, 05:16 PM) https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/
Ridhisha Joshi, Understanding the Importance of Indian Evidence Act: A Comprehensive Guide to Evidence in India Courts, THE LAW COMMUNICANTS ( 24 July, 2024, 03:00 PM) https://thelawcommunicants.com/understanding-the-indian-evidence-act-a-comprehensive-guide-to-evidence-in-indian-courts/
Indian Evidence Act, 1872, WIKIPEDIA (30 July 2024, 05:00 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872
Pranya Singh, Indian Evidence Act Judgments Case Law Analysis, LAWYERSCLUBINDIA ( 30 July 2024, 05:30 PM) https://www.lawyersclubindia.com/articles/indian-evidence-act-judgments-case-law-analysis-16828.asp
Pakala Narayana Swami vs Emperor on 19 January, 1939, INDIAN KANOON (29 July, 2024, 09:56 AM) https://indiankanoon.org/doc/516808/
Abdul Rashid vs State Of Bihar on 11 January 2001, INDIAN KANOON, (29 July 2024, 10:00 AM) https://indiankanoon.org/doc/805009/
Raja Ram Jaiswal vs State Of Bihar on 4 April, 1963, INDIAN KANOON, (29 July, 2024, 10:00 AM) https://indiankanoon.org/doc/1409644/
Badku Joti Savant vs State Of Mysore on 1 March 1966, INDIAN KANOON (29 July 2024, 10:00 AM) https://indiankanoon.org/doc/32824/
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005, INDIAN KANOON (31 July, 2024, 05:30 PM) https://indiankanoon.org/doc/1769219/
Anvar. P.V vs P.K.Basheer Air 2015 Sc 180 That: on 24 March, 2022, INDIAN KANOON (31 July, 2024, 05:30 PM) https://indiankanoon.org/doc/121029023/
Vaibhav Chadha and Janani Sivaraman, Critical analysis of the law on admissibility of electronic evidence in India JINDAL GLOBAL LAW REVIEW (31 July 2024, 05:30 PM) https://doi.org/10.1007/s41020-024-00219-1

[1] Indian Evidence Act, ENCYCLOPEDIA BRITANNICA, (23 July 2024, 07:50 PM) https://www.britannica.com/topic/Indian-Evidence-Act

[2] Astitva Kumar, Indian Evidence Act: An Exhaustive Overview, IPLEADERS (24 July 2024, 05:16 PM) https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/

[3] Ridhisha Joshi, Understanding the Importance of Indian Evidence Act: A Comprehensive Guide to Evidence in India Courts, THE LAW COMMUNICANTS ( 24 July, 2024, 03:00 PM) https://thelawcommunicants.com/understanding-the-indian-evidence-act-a-comprehensive-guide-to-evidence-in-indian-courts/

[4] Indian Evidence Act, 1872, WIKIPEDIA (30 July 2024, 05:00 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872

[5] Pranya Singh, Indian Evidence Act Judgments Case Law Analysis, LAWYERSCLUBINDIA ( 30 July 2024, 05:30 PM) https://www.lawyersclubindia.com/articles/indian-evidence-act-judgments-case-law-analysis-16828.asp

[6]Pakala Narayana Swami vs Emperor on 19 January, 1939, INDIAN KANOON (29 July, 2024, 09:56 AM) https://indiankanoon.org/doc/516808/

[7] Abdul Rashid vs State Of Bihar on 11 January 2001, INDIAN KANOON, (29 July 2024, 10:00 AM) https://indiankanoon.org/doc/805009/

[8] Raja Ram Jaiswal vs State Of Bihar on 4 April, 1963, INDIAN KANOON, (29 July, 2024, 10:00 AM) https://indiankanoon.org/doc/1409644/

[9] Badku Joti Savant vs State Of Mysore on 1 March 1966, INDIAN KANOON (29 July 2024, 10:00 AM) https://indiankanoon.org/doc/32824/

[10] State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005, INDIAN KANOON (31 July, 2024, 05:30 PM) https://indiankanoon.org/doc/1769219/

[11] Anvar. P.V vs P.K.Basheer Air 2015 Sc 180 That: on 24 March, 2022, INDIAN KANOON (31 July, 2024, 05:30 PM) https://indiankanoon.org/doc/121029023/

[12] Vaibhav Chadha and Janani Sivaraman, Critical analysis of the law on admissibility of electronic evidence in India JINDAL GLOBAL LAW REVIEW (31 July 2024, 05:30 PM) https://doi.org/10.1007/s41020-024-00219-1

[13] Indian Evidence Act, 1872, WIKIPEDIA (30 July 2024, 05:00 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872

[14] Id

[15] Vaibhav Chadha and Janani Sivaraman, Critical analysis of the law on admissibility of electronic evidence in India JINDAL GLOBAL LAW REVIEW (31 July 2024, 05:30 PM) https://doi.org/10.1007/s41020-024-00219-1

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