THE INDIAN EVIDENCE ACT AND ITS IMPACT ON ANIMAL RIGHTS

This article is written by Pratham Bharat Patel of 2^nd Semester of KES JP Law College, an intern under Legal Vidhiya

ABSTRACT

The Indian Evidence Act, 1872, is a key part of the Indian legal system, governing what evidence can be used in court for civil and criminal cases. While it mainly focuses on issues involving people, its rules also affect animal rights, especially in cases of animal cruelty, wildlife protection, and animal welfare. This abstract looks at how the Indian Evidence Act and animal rights interact, examining how the Act’s rules on collecting evidence, witness statements, and proving a case can help or hinder the enforcement of laws protecting animals. The study highlights important sections of the Act often used in animal rights cases, such as those dealing with written evidence, expert opinions, and electronic records. It also discusses the difficulties animal rights supporters face in using the legal system and suggests possible changes to better protect animals under the Indian Evidence Act. The paper also looks at important court cases where the Act was crucial in deciding on animal rights issues, offering insights into the changing legal environment and the need for stronger measures to ensure justice for animals. Through this exploration, the paper aims to show the important role of evidence rules in enforcing animal protection laws and the wider implications for animal rights advocacy in India.

Keywords

Indian Evidence Act, 1872, Animal rights, Animal cruelty, Wildlife protection Animal welfare, Electronic records, Legal system, Legal changes, Court cases, Enforcing animal protection laws, Animal rights support

INTRODUCTION

The Indian Evidence Act of 1872 is a cornerstone of the Indian legal system, establishing a comprehensive framework for the admissibility, relevance, and evaluation of evidence in judicial proceedings. Enacted on September 1, 1872, the Act was designed to consolidate, define, and reform the law of evidence, providing a uniform set of principles applicable across diverse jurisdictions in India. The Act outlines what constitutes relevant evidence, the manner in which it should be presented, and the standards for assessing its credibility. It encompasses a wide range of evidentiary rules, including those related to oral and documentary evidence, presumptions, and the burden of proof. The Act plays a critical role in ensuring fair trials by guiding courts on the appropriate standards for admitting and weighing evidence, thereby upholding the integrity of the judicial process. Over the years, the Indian Evidence Act has undergone several amendments to adapt to changing legal and societal needs, but its core principles continue to serve as the bedrock of evidentiary law in India.

The Indian Evidence Act, 1872, is a crucial part of the Indian legal framework that dictates the rules of evidence in civil and criminal proceedings. While it primarily addresses human-related legal issues, its implications extend to animal rights cases, influencing how evidence is collected, presented, and evaluated in court. This article explores the intersection of the Indian Evidence Act and animal rights, focusing on how the Act impacts the enforcement of laws related to animal cruelty, wildlife protection, and overall animal welfare.

The Indian Evidence Act, 1872 is divided into three parts:

1. Part I

Relevancy of facts- chapter I containing section 1 to 4 deals with preliminary points and relevancy of facts is dealt with in chapter II containing section 5 to 55.

• Part II

On Proof (chapters III to VI) containing section 56 to 100.

• Part III

Production and effect of evidence (chapters VII to XI containing sections 101 to 167).

HISTORICAL BACKGROUND

The Indian Evidence Act of 1872 has a rich historical background rooted in the British colonial administration’s efforts to establish a cohesive legal framework in India. Prior to the enactment of the Act, the Indian legal system was a complex amalgamation of diverse customs, traditions, and laws inherited from various rulers and regimes, including Hindu, Islamic, and British laws. This diversity often led to inconsistencies and uncertainties in judicial proceedings.

The British East India Company, which had established significant control over large parts of India by the early 19th century, recognized the need for a unified legal system to administer justice more effectively across its territories. As a result, the British introduced several legal reforms, culminating in the establishment of the Indian Evidence Act of 1872. The Act was drafted by Sir James Fitz James Stephen, a British lawyer, judge, and legal scholar, who was deeply influenced by the principles of English common law and the Indian socio-legal context

Sir James Fitz James Stephen aimed to create a comprehensive code that would standardize the rules of evidence, making them more predictable and accessible. The drafting process involved an extensive study of existing laws and practices in India and other jurisdictions. Stephen’s approach was pragmatic, seeking to balance the need for a robust legal framework with the realities of the diverse and multifaceted Indian society.

The Act was introduced in the Imperial Legislative Council and underwent rigorous debates and revisions before being enacted on September 1, 1872. It marked a significant departure from the previous piecemeal approach to evidence law, providing a clear and systematic set of rules applicable across all courts in British India. The Act was structured to address various aspects of evidence, including relevancy, admissibility, and the evaluation of proof, thus ensuring uniformity and consistency in judicial proceedings.

One of the key motivations behind the Act was to mitigate the influence of local customs and practices that often led to arbitrary and inconsistent judgments. By codifying the law of evidence, the British aimed to create a more objective and reliable legal system, which would enhance the legitimacy and effectiveness of colonial governance.[1]

Over time, the Indian Evidence Act has undergone several amendments to reflect the evolving legal and social landscape of India. Despite these changes, the Act’s core principles have remained intact, continuing to serve as the foundation of evidentiary law in India. Its historical significance lies in its role in transforming the Indian legal system, providing a unified and coherent framework that has withstood the test of time.

FEATURES

The following are the features of Indian Evidence Act

1. Uniformity in Evidence Law: The Act establishes a consistent set of rules for what evidence is admissible, relevant, and how it should be evaluated in all Indian courts, replacing the varied and often inconsistent local customs and practices that were previously in place.
2. Clarity and Precision: By providing a clear and organized code for evidence principles, the Act aims to reduce ambiguity and confusion in legal proceedings, making the rules easier to understand for judges, lawyers, and litigants.
3. Facilitation of Justice: The Act ensures that only relevant and reliable evidence is presented in court, aiding in the fair and efficient administration of justice. It specifies what constitutes admissible evidence and outlines the methods for proving facts in judicial proceedings.
4. Fairness and Objectivity: To promote fairness in legal proceedings, the Act establishes impartial rules that apply equally to all parties involved, preventing prejudice and bias in the presentation and evaluation of evidence.
5. Protection of Rights: The Act safeguards individual rights by providing clear guidelines on the burden of proof, presumptions, and the competence and credibility of witnesses. It helps protect the rights of both the accused and the victim in criminal cases, as well as the parties in civil disputes.
6. Efficiency in Legal Process: By outlining structured procedures for the introduction and examination of evidence, the Act aims to expedite legal proceedings, reducing delays and ensuring timely resolution of cases.[2]

EVOLUTION OF ANIMAL RIGHTS IN INDIA

Ancient Indian Context:

Animal welfare has deep roots in Indian culture and religion. Ancient scriptures such as the Vedas, the Upanishads, and Buddhist and Jain texts emphasized non-violence (ahimsa) and compassion towards all living beings. These religious and philosophical underpinnings laid the foundation for a cultural respect for animals.

British Colonial Period:

During British rule, formal legislation began to take shape. The Prevention of Cruelty to Animals Act, 1890, was one of the earliest laws enacted to address animal cruelty. This Act laid down basic provisions to prevent unnecessary suffering and mistreatment of animals.

The Prevention of Cruelty to Animals Act, 1960:

After India gained independence, there was a renewed focus on animal welfare. The Prevention of Cruelty to Animals Act, 1960, was enacted to replace the earlier colonial law. This Act provided a more comprehensive framework for preventing cruelty to animals and established the Animal Welfare Board of India (AWBI) to promote animal welfare activities and ensure the implementation of the law.

Wildlife Protection Act, 1972:

Recognizing the need to protect wildlife, India introduced the Wildlife Protection Act, 1972. This Act aimed to safeguard endangered species and their habitats. It provided for the creation of protected areas, regulation of hunting, and penalties for poaching and illegal wildlife trade.

Judicial Activism:

Indian courts have played a significant role in advancing animal rights. Landmark judgments have interpreted existing laws expansively to promote animal welfare. For instance:

1. Animal Welfare Board of India vs. A. Nagaraja (2014): The Supreme Court banned the practice of Jallikattu (bull-taming sport) and other similar events, emphasizing the need to prevent unnecessary pain and suffering to animals.[3]
2. Gauri Maulekhi vs. Union of India (2014): The Supreme Court issued guidelines to regulate and prevent the illegal movement of cattle across state borders, often done for slaughter, highlighting the importance of humane treatment.[4]

Key Provisions of the Indian Evidence Act Relevant to Animal Rights

• Documentary Evidence:

Sections 61 to 90 of the Act deal with documentary evidence, which is crucial in animal rights cases for proving ownership, medical conditions, and instances of cruelty. Documents like veterinary records, photographs, and videos can be used as evidence.

• Witness Testimony:

Sections 118 to 134 cover the rules related to witness testimony. Eyewitnesses, veterinarians, and animal welfare officers often play a vital role in providing firsthand accounts of cruelty or illegal wildlife activities.

• Expert Testimony:

Sections 45 to 51 allow for the inclusion of expert opinions. In animal rights cases, experts such as veterinarians, wildlife experts, and animal behaviorists can provide specialized knowledge that aids in the understanding of evidence.

• Electronic Records:

Sections 65A and 65B address the admissibility of electronic records, which is increasingly important in the digital age. Evidence like social media posts, surveillance footage, and electronic communications can be critical in prosecuting animal rights violations.[5]

How Evidence is Collected and Presented:[6]

Physical Proof:

• Photographs and Videos: Visual evidence is crucial in animal cruelty cases. Photographs and videos showing the condition of the animal, the environment, and the act of cruelty itself are powerful pieces of evidence. For example, images of injuries, malnourishment, or poor living conditions can strongly support claims of abuse or neglect.[7]
• Medical Records and Veterinary Reports: These documents are vital for establishing the animal’s health condition before and after the alleged abuse. Veterinary reports can provide detailed accounts of injuries, treatments, and the animal’s overall health, corroborating claims of cruelty.
• Seized Objects: Items used in the commission of the crime, such as weapons, restraints, or tools, can be critical pieces of physical evidence. These objects can link the perpetrator to the act of cruelty.

Witness Statements:

• Eyewitness Accounts: Individuals who have directly observed the act of cruelty can provide firsthand testimonies. These witnesses can describe what they saw, including the actions of the perpetrator and the condition of the animal.
• Animal Welfare Officers: Testimonies from animal welfare officers or inspectors who conducted investigations and rescues are highly valuable. Their professional observations and findings during inspections can lend credibility to the case.

Expert Opinions:

• Veterinary Experts: Veterinarians can offer expert testimony on the nature and extent of injuries, the possible causes, and the suffering endured by the animal. Their expertise can help establish whether the injuries were inflicted intentionally.
• Animal Behaviorists: These experts can provide insights into the animal’s behavior, stress levels, and signs of trauma. They can explain how certain actions impact animal welfare, helping to establish cruelty.
• Forensic Experts: Forensic analysis can be used to examine physical evidence, such as DNA from the animal on weapons or clothing, which can link the perpetrator to the crime.

Documentation and Preservation:

• Chain of Custody: Maintaining a clear and unbroken chain of custody for all evidence is crucial. This ensures that the evidence has not been tampered with and is reliable.
• Proper Storage: Physical evidence must be stored appropriately to prevent degradation. For example, medical samples should be kept in controlled environments to preserve their integrity.
• Detailed Records: All interactions with evidence, from collection to presentation in court, must be meticulously documented. This includes who handled the evidence, when, and under what conditions.

IMPACT OF EVIDENCE ACT ON ANIMAL RIGHTS

The Indian Evidence Act, 1872, primarily governs the rules of evidence in legal proceedings within India. Its impact on animal rights can be examined through the following aspects:

Admissibility of Evidence Related to Animal Cruelty

• The Indian Evidence Act stipulates what constitutes admissible evidence in court, including testimonies, documents, and physical evidence. When it comes to animal rights, evidence of cruelty or harm inflicted upon animals must meet the standards set by the Act to be admissible in court.
• Example: In cases of animal cruelty, evidence such as veterinary reports, photographs of injuries, or testimonies from witnesses about the mistreatment of animals must be presented according to the rules of evidence. This ensures that such evidence is legally recognized and can be used to support the prosecution’s case.[8]

Documentary Evidence of Animal Welfare Violations

• Documents related to animal welfare, such as reports from animal welfare organizations, can be used as evidence in court proceedings. These documents must be produced and authenticated according to the requirements of the Indian Evidence Act.
• Example: A report from an animal welfare NGO detailing the conditions of animals in a particular facility can be submitted as evidence. However, the report must comply with the rules for documentary evidence under the Act.[9]

Expert Testimonies

• Expert testimony, such as that from veterinarians or animal behaviorists, can be crucial in cases involving animal rights. The Indian Evidence Act allows for expert opinions to be admitted as evidence, provided they meet the criteria for relevance and reliability.
• Example: In a case where the health of an animal is in question, a veterinarian’s testimony about the impact of certain conditions on the animal’s well-being can be crucial.[10]

Corroboration of Evidence

• The Act requires corroboration of evidence in certain circumstances, which means that evidence related to animal rights cases must be supported by additional evidence to be convincing in court.
• Example: A single witness’s account of animal cruelty may not be sufficient unless corroborated by other evidence, such as photographs or additional testimonies.[11]

Presumptions and Inferences

• The Indian Evidence Act includes provisions for certain presumptions and inferences, which can affect how evidence is interpreted in animal rights cases.
• Example: If there is a presumption of cruelty based on the condition of the animal and the context, this can influence the court’s view on the evidence presented.

CASE LAWS

People for Animals vs. Mohd. Mohazzim (2015)

Facts:

• The NGO People for Animals filed a petition with the Delhi District Court against Mohd. Mohazzim, who was accused of illegally capturing and selling birds in markets.
• The petition included photographic evidence showing the birds being kept in inhumane conditions.
• The birds were confiscated and temporarily placed in the care of the Sanjay Gandhi Animal Care Centre.

Issues:

• Whether the captured birds should be released or continue to be held under human care.
• The legal responsibility of Mohd. Mohazzim regarding the care and custody of the birds pending trial.

Judgments:

• The Delhi District Court ruled that the birds should be released after ensuring they were fit for transportation and had been properly tagged for future identification.
• The court mandated that the birds receive necessary medical treatment and regular health check-ups.
• The court referred to the Supreme Court judgment in Animal Welfare Board of India vs. A. Nagaraja & Ors., emphasizing the fundamental rights of birds to live with dignity and freedom​

In the judgment, it was highlighted that animals and birds have the right to live in their natural environment, and any violation of this right could be challenged in court. The case underscored the importance of photographic and video evidence in securing a conviction for cruelty towards animals and ensuring their welfare.[12]

Animal Welfare Board of India vs. A. Nagaraja & Ors. (2014)

Facts:

• Background: The case primarily concerned the practice of Jallikattu, a traditional bull-taming sport celebrated in Tamil Nadu. The Animal Welfare Board of India (AWBI) argued that Jallikattu involved cruelty to animals and violated the Prevention of Cruelty to Animals Act, 1960.
• Petition: AWBI filed a petition seeking a ban on Jallikattu, asserting that the practice involved severe cruelty and harm to the bulls used in the sport. The petition was filed against various authorities and individuals associated with organizing Jallikattu events.

Issues:

• Cruelty to Animals: Whether the practice of Jallikattu constituted cruelty to animals under the Prevention of Cruelty to Animals Act, 1960.
• Regulation vs. Ban: Whether the practice should be completely banned or if it could be regulated to ensure the welfare of the animals involved.
• Tradition vs. Animal Rights: The balance between respecting traditional cultural practices and upholding animal rights.

Judgment:

• Cruelty Determination: The Supreme Court ruled that Jallikattu did indeed involve cruelty to animals. The Court examined the physical and psychological harm inflicted on the bulls during the event and found it to be inconsistent with humane treatment as required by law.
• Ban Imposed: The Court issued a ban on Jallikattu, emphasizing that the practice violated the Prevention of Cruelty to Animals Act, 1960. The judgment stressed the need for animal welfare and the legal mandate to prevent cruelty.
• Cultural Practices: While acknowledging the cultural significance of Jallikattu, the Court ruled that cultural practices could not justify the infliction of cruelty on animals. The ruling balanced the need to preserve cultural heritage with the imperative to protect animal welfare.
• Regulation and Implementation: The Court directed that any practice involving animals must adhere to standards that ensure their humane treatment. This decision underscored the importance of aligning traditional practices with contemporary ethical standards regarding animal welfare.[13]

Impact:

The case highlighted the use of expert testimony and photographic evidence under the Indian Evidence Act to prove animal cruelty.

CONCLUSION

The Indian Evidence Act, 1872, while not explicitly designed to protect animal rights, plays a crucial role in supporting animal welfare through its principles governing the admissibility and relevance of evidence in court. The Act ensures that evidence related to animal cruelty, such as veterinary reports and witness testimonies, must meet stringent standards to be considered in legal proceedings. This framework helps in presenting a clear and accurate picture of animal welfare violations. Additionally, the Act allows for expert testimony, which is essential in complex animal rights cases, ensuring that veterinary insights and other specialized knowledge are considered. Although the Act itself does not provide direct remedies for animal rights issues, it supports the enforcement of animal welfare laws by ensuring that only relevant and substantial evidence is used in court. Thus, while the Indian Evidence Act does not address animal rights directly, its principles significantly contribute to the effective handling and adjudication of cases involving animal welfare.

REFERENCES

• Lawctopus, https://www.lawctopus.com/academike/concept-historical-background-evidence/, last visited July. 23, 2024
• Law notes, https://lawnotes.co/indian-evidence-act-origin-objective-and-scope/, last visited July. 23, 2024
• Indian kanoon, https://indiankanoon.org/doc/39696860/, last visited July. 25, 2024
• Indian kanoon, https://indiankanoon.org/doc/27794769/,  last visited July. 25, 2024
• People for Animals (PFA) Guide to Collecting Evidence in Animal Cruelty Cases, https://www.peopleforanimalsindia.org/, last visited July. 25, 2024.
• Blue Cross of India. (n.d.), https://www.bluecrossofindia.org/ last visited July. 25, 2024.
• Indian kanoon, https://indiankanoon.org/doc/59115777/, last visited July. 25,2024
• Indian kanoon, https://indiankanoon.org/doc/39696860/, last visited July. 25, 2024
• https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/#Introduction last visited July. 25, 2024
• Indian Evidence Act, 1872, § 3, No 1, Acts of Parliament, 1872 (India)
• Indian Evidence Act, 1872, § 3, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 61, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 45, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 114, No 1, Acts of Parliament, 1872 (India).

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[1] Lawoctopus, https://www.lawctopus.com/academike/concept-historical-background-evidence/, last visited July. 23, 2024

[2] Law notes, https://lawnotes.co/indian-evidence-act-origin-objective-and-scope/, last visited July 23, 2024

[3] Indian kanoon, https://indiankanoon.org/doc/39696860/, last visited July. 25, 2024

[4] Indian kanoon, https://indiankanoon.org/doc/27794769/,  last visited July. 25, 2024

[5] Indian Evidence Act, 1872, No 1, Acts of Parliament, 1872 (India).

[6] People for Animals (PFA) Guide to Collecting Evidence in Animal Cruelty Cases, https://www.peopleforanimalsindia.org/, last visited July. 25, 2024.

[7] Blue Cross of India. (n.d.), https://www.bluecrossofindia.org/, last visited July. 25, 2024.

[8] Indian Evidence Act, 1872, § 3, No 1, Acts of Parliament, 1872 (India).

[9] Indian Evidence Act, 1872, § 61, No 1, Acts of Parliament, 1872 (India).

[10] Indian Evidence Act, 1872, § 45, No 1, Acts of Parliament, 1872 (India).

[11] Indian Evidence Act, 1872, § 114, No 1, Acts of Parliament, 1872 (India).

[12] Indian kanoon, https://indiankanoon.org/doc/59115777/, last visited July. 25,2024

[13] Indian kanoon, https://indiankanoon.org/doc/39696860/, last visited July. 25, 2024

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