THE INDIAN EVIDENCE ACT AND ITS ROLE IN VICTIM RIGHTS

This article is written by Pratham Bharat Patel of 3^rd Semester of KES JP Law College, an intern under Legal Vidhiya

ABSTRACT

The Indian Evidence Act of 1872 is a key law in India that sets the rules for what evidence can be used in court and how it should be presented. This summary looks at how the Act helps protect the rights of victims. It ensures that the evidence shown in court is fair and trustworthy, which is important for getting justice for victims of crime. Important topics include how the Act protects vulnerable witnesses, allows electronic evidence, and prevents the misuse of evidence. The Act also includes special provisions for handling evidence from children and people with disabilities, ensuring their protection and fair treatment. By looking at important cases and changes to the law, this summary shows how the Indian Evidence Act has adapted to modern challenges, making sure victims’ rights are respected in the Indian legal system. It emphasizes the ongoing need for reforms to keep up with technological advancements and societal changes, ensuring that the justice system remains effective and fair for all victims.

By looking at important cases and changes to the law, this summary shows how the Indian Evidence Act has adapted to modern challenges, making sure victims’ rights are respected in the Indian legal system. Landmark cases have highlighted the Act’s role in ensuring that evidence is collected and presented ethically and legally. It emphasizes the ongoing need for reforms to keep up with technological advancements and societal changes, such as the growing importance of digital evidence and the need for more robust measures to combat cybercrime. The Act’s evolution reflects the commitment to improving the justice system, ensuring that it remains effective, fair, and capable of protecting the rights of all victims.

Keywords

Indian Evidence Act, victim rights, fair evidence, vulnerable witnesses, electronic evidence, justice, legal system, India, children, disabilities, reforms.

INTRODUCTION

The Indian Evidence Act of 1872 is a fundamental element of India’s legal system, providing a comprehensive framework for the admissibility, relevance, and evaluation of evidence in judicial proceedings. Enacted on September 1, 1872, the Act was intended to consolidate, define, and reform the laws of evidence, establishing a uniform set of principles applicable throughout India’s various jurisdictions. It defines what constitutes relevant evidence, how it should be presented, and the standards for assessing its credibility. The Act covers a wide range of evidentiary rules, including those related to oral and documentary evidence, presumptions, and the burden of proof. By guiding courts on the appropriate standards for admitting and weighing evidence, the Act plays a critical role in ensuring fair trials and upholding the integrity of the judicial process. Although the Act has been amended over the years to adapt to changing legal and societal needs, its core principles continue to underpin evidentiary law in India.

The Indian Evidence Act, 1872, is crucial for dictating the rules of evidence in both civil and criminal proceedings in India. While it primarily addresses human-related legal issues, its provisions also impact animal rights cases by influencing how evidence related to animal cruelty, wildlife protection, and overall animal welfare is collected, presented, and evaluated in court. This article examines the intersection of the Indian Evidence Act and animal rights, focusing on its role in enforcing laws related to animal protection.

The Indian Evidence Act of 1872 establishes the rules for what evidence can be used in Indian courts, with the main goal of ensuring fair trials by defining what evidence is trustworthy and relevant. This is particularly important for victims of crime, who depend on the legal system to achieve justice. The Act protects victims by ensuring that only reliable evidence is considered in court. It addresses how witness statements are handled, who bears the burden of proof, and what kinds of evidence are admissible. These rules help victims prove their cases and seek justice. In recent years, there has been a push to focus more on victims’ needs within the legal process, leading to interpretations of the Act that better protect and support victims, ensuring their voices are heard and respected in court. Therefore, the Indian Evidence Act plays a key role in helping victims obtain justice.

HISTORICAL BACKGROUND

The Indian Evidence Act of 1872 has a rich history rooted in the British colonial administration’s efforts to create a unified legal framework in India. Before the Act, India’s legal system was a mix of various customs, traditions, and laws from Hindu, Islamic, and British influences, leading to inconsistencies in judicial proceedings.

By the early 19th century, the British East India Company had gained substantial control over large parts of India. Recognizing the need for a unified legal system to administer justice more effectively, the British introduced several legal reforms, culminating in the Indian Evidence Act of 1872. The Act was drafted by Sir James Fitz James Stephen, a British lawyer and legal scholar influenced by English common law and the Indian socio-legal context.

Stephen aimed to create a comprehensive code to standardize the rules of evidence, making them predictable and accessible. His drafting process involved extensive research on existing laws and practices in India and other jurisdictions. Stephen’s pragmatic approach sought to balance the need for a robust legal framework with the realities of India’s diverse society.

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

One of the key motivations behind the Act was to reduce the influence of local customs and practices that often led to arbitrary judgments. By codifying evidence law, the British aimed to create a more objective and reliable legal system, enhancing the legitimacy and effectiveness of colonial governance.

The Indian Evidence Act has undergone several amendments to reflect India’s evolving legal and social landscape. Despite these changes, its 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 endured over time.

OBJECTIVES

The Indian Evidence Act, 1872, was enacted to consolidate, define, and amend the law of evidence in India. Here are ten key objectives of the Act:

• The Act aims to provide a clear set of rules and guidelines for what constitutes admissible evidence in legal proceedings.
• To ensure uniformity in the rules of evidence across all courts in India, thus reducing inconsistencies and providing a standardized approach to evidence handling.
• To lay down criteria for determining what facts are relevant and should be considered by the court in reaching a decision.
• To facilitate the administration of justice by providing clear guidelines on the types of evidence that can be presented and the manner in which they should be presented.
• To reduce uncertainty in legal proceedings by providing clear definitions and classifications of different types of evidence, such as oral, documentary, primary, and secondary evidence.
• To ensure fair trials by stipulating rules that prevent the admission of unreliable or prejudicial evidence that could unfairly influence the outcome of a case.[1]
• To prevent fraud and perjury by setting out rules that determine the credibility and admissibility of evidence, ensuring that only trustworthy evidence is presented.
• Guiding Judicial Discretion: To guide judicial discretion in the evaluation of evidence, ensuring that judges have a structured framework within which to assess the evidence before them
• To enhance legal certainty and predictability by providing clear and consistent rules on the admissibility and evaluation of evidence, thus helping litigants understand the legal standards and prepare their cases accordingly.
• To protect the rights of individuals by ensuring that only relevant, reliable, and properly obtained evidence is used in legal proceedings, thus safeguarding against wrongful convictions and upholding the principles of justice and fairness.[2]

ROLE OF INDIAN EVIDENCE ACT, 1872 IN VICTIM RIGHTS

1. ADMISSIBILITY OF EVIDENCE

The Indian Evidence Act provides a comprehensive framework for determining what constitutes admissible evidence in court. This ensures that the judicial process is fair and that decisions are based on reliable and pertinent information. Key aspects include:

• Relevance: Sections 5 to 55 of the Act detail what constitutes relevant evidence. Only relevant evidence, which directly pertains to the facts in issue or is connected to it, is admissible. This helps in ensuring that the victim’s case is built on substantial grounds.
• Hearsay Rule: Generally, hearsay evidence is inadmissible, meaning that witnesses must testify to what they have directly seen, heard, or perceived. This rule helps in maintaining the integrity of the evidence presented.

2. PROTECTION OF VICTIMS DURING TESTIMONY

The Indian Evidence Act includes several provisions aimed at protecting vulnerable victims, particularly during their testimony:

• Competency of Witnesses: Section 118 states that all persons are competent to testify unless they are incapable of understanding the questions or giving rational answers due to youth, extreme old age, disease, or any other cause. This ensures that victims, regardless of their age or condition, are given a voice in the judicial process.[3]
• Examination of Child Witnesses: While the Act does not explicitly detail procedures for child witnesses, judicial interpretations and supplementary legislation provide guidelines. The courts often take a sensitive approach to the examination of child victims to prevent trauma and ensure their protection.

3. USE OF SPECIAL MEASURES

Special measures can be employed to protect the dignity and mental well-being of victims during testimony:

• Interpreters and Communication Aids: Section 119 allows for the use of interpreters for witnesses who are unable to speak. This can include victims with speech impairments or those who speak different languages, ensuring they can effectively communicate their testimony.
• Protection from Indecent Questions: Section 151 prohibits questions that are intended to insult or annoy the witness. This is crucial in cases involving sexual assault or other sensitive matters, where such questions could further traumatize the victim.[4]

4. CORROBORATIVE EVIDENCE

In certain types of cases, the Indian Evidence Act recognizes the need for corroborative evidence to support the victim’s testimony:

• Sexual Assault Cases: Corroborative evidence, such as medical reports, forensic evidence, or witness testimony, can be crucial in sexual assault cases where the victim’s account might be the primary evidence.
• Dowry Deaths and Domestic Violence: In cases of dowry deaths and cruelty by husband or his relatives, the Act provides for presumptions in favor of the victim, which can be strengthened by corroborative evidence.

5. CONFIDENTIALITY AND ANONYMITY

While the Indian Evidence Act itself does not explicitly cover confidentiality and anonymity, related statutes and judicial interpretations often work in conjunction to protect the identity of victims:

• Rape Victims: The Supreme Court of India and various High Courts have laid down guidelines to protect the identity of rape victims, ensuring that their names and personal details are not disclosed during the trial or in the media.
• Juvenile Victims: The Juvenile Justice (Care and Protection of Children) Act, 2015, provides for the confidentiality of proceedings involving juvenile victims, which is supported by the principles of the Indian Evidence Act.

6. EXPERT TESTIMONY

Section 45 of the Indian Evidence Act allows for expert testimony, which can be instrumental in providing specialized knowledge that supports the victim’s claims:

• Medical Experts: Testimony from medical experts can provide crucial evidence in cases involving physical or sexual assault, establishing the nature and extent of injuries sustained by the victim.
• Forensic Experts: Forensic experts can present evidence related to DNA, fingerprints, and other scientific analyses that can corroborate the victim’s account of events.
• Psychological Experts: In cases involving trauma or psychological harm, expert testimony from psychologists or psychiatrists can help establish the mental state of the victim and the impact of the crime on their well-being.[5]

7. PRESUMPTIONS IN FAVOR OF VICTIMS

Certain sections of the Indian Evidence Act create presumptions in favor of victims, particularly in cases involving domestic violence and dowry deaths:

• Section 113A: This section creates a presumption of abetment of suicide by a married woman if she commits suicide within seven years of marriage and has been subjected to cruelty by her husband or his relatives. This shifts the burden of proof onto the accused, strengthening the victim’s position.
• Section 113B: This section creates a presumption of dowry death if a woman dies of burns or bodily injury within seven years of marriage and it is shown that she was subjected to cruelty or harassment for dowry by her husband or his relatives.[6]

8. DOCUMENTARY EVIDENCE

The Indian Evidence Act lays down rules for the admissibility of documentary evidence, which can be crucial in supporting the victim’s case[7]:

• Sections 61 to 90: These sections detail the types of documentary evidence that are admissible, including primary and secondary evidence, public documents, private documents, and electronic records.
• Electronic Evidence: Amendments to the Act have made provisions for the admissibility of electronic evidence, which can include emails, digital photographs, CCTV footage, and other digital records that may support the victim’s claims.

9. CROSS-EXAMINATION SAFEGUARDS

The Act also provides safeguards during cross-examination to protect victims from harassment:

• Cross-Examination of Vulnerable Witnesses: Courts often take a cautious approach in the cross-examination of vulnerable witnesses, ensuring that questions are relevant and not intended to harass or intimidate the victim.
• Right to Fair Treatment: The overarching principle of fair treatment in the Indian legal system ensures that victims are not subjected to unjust or abusive practices during cross-examination.

CASE LAWS

STATE OF PUNJAB V. GURMIT SINGH (1996) 2 SCC 384

Facts:

• A minor girl was kidnapped and raped by the accused.
• The trial court convicted the accused based on the victim’s testimony.
• The High Court acquitted the accused, doubting the credibility of the victim’s testimony.

Issues:

• Whether the victim’s testimony required corroboration.
• Whether the High Court was justified in acquitting the accused.

Judgment:

• The Supreme Court held that the testimony of a victim of sexual assault does not require corroboration if it inspires confidence.
• The Court criticized the High Court for its approach and reinstated the conviction.
• The judgment emphasized the need for sensitivity in cases involving sexual offenses and highlighted that the victim’s character or past should not affect the credibility of her testimony.[8]

STATE OF KARNATAKA V. MANJANNA (2000) 6 SCC 188

Facts:

• A woman was raped, and there was a delay in conducting her medical examination due to procedural formalities.
• The trial court acquitted the accused, doubting the credibility of the victim’s testimony due to the delay.[9]

Issues:

• Whether the delay in medical examination affected the credibility of the victim’s testimony.
• Whether procedural formalities should take precedence over the immediate medical examination of a rape victim.

Judgment:

• The Supreme Court held that the immediate medical examination of a rape victim is crucial and should not be delayed due to procedural formalities.
• The Court emphasized that the delay in medical examination should not be a ground to doubt the victim’s testimony.
• The judgment underscored the importance of timely medical assistance and proper recording of the victim’s statement to ensure justice.

CONCLUSION

The Indian Evidence Act is integral to upholding victim rights by providing a comprehensive legal framework for the collection, presentation, and evaluation of evidence in judicial proceedings. This framework ensures that the evidence brought forward is relevant, reliable, and admissible, thus protecting victims from potential prejudices and ensuring a fair trial. Key provisions of the Act, such as those related to the protection of witness identity (Section 16), the treatment of sensitive evidence (Section 122), and the admissibility of digital evidence (Section 65B), play a significant role in safeguarding victim rights. Additionally, the Act addresses the challenges of handling evidence in cases involving vulnerable victims, such as children and survivors of sexual violence, by incorporating special measures to protect their dignity and privacy. By mandating a rigorous standard for evidence and incorporating mechanisms to protect victims during the judicial process, the Indian Evidence Act reinforces the principle of justice and fairness, thereby ensuring that victims’ rights are not only acknowledged but actively protected within the legal system.

Indian Evidence Act is a fundamental element in the protection and enforcement of victim rights within the Indian legal system. While it provides a strong foundation, ongoing efforts are required to address its shortcomings and adapt to new challenges. Ensuring proper implementation, coupled with periodic reviews and amendments, will strengthen its role in safeguarding the rights of victims and upholding the principles of justice.

REFERENCES

• Law octopus, https://www.lawctopus.com/academike/concept-historical-background-evidence/, last visited July. 28, 2024
• Avtar Singh, “Principles of the Law of Evidence,” Central Law Publications.
• Ratanlal & Dhirajlal, “The Law of Evidence,” LexisNexis.
• Indian kanoon, https://indiankanoon.org/doc/1046545/, last visited July. 30, 2024
• Indian kanoon, https://indiankanoon.org/doc/1214266/, last visited July. 30, 2024
• Ipleaders, https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/#Relevancy_of_facts, last visited July.31.2024
• Indian Evidence Act, 1872, § 118, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 119,151, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 45, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 113A,113B, No 1, Acts of Parliament, 1872 (India).
• Indian Evidence Act, 1872, § 61, No 1, Acts of Parliament, 1872 (India).

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[1] Avtar Singh, “Principles of the Law of Evidence,” Central Law Publications.

[2] Ratanlal & Dhirajlal, “The Law of Evidence,” LexisNexis.

[3] Indian Evidence Act, 1872, § 118, No 1, Acts of Parliament, 1872 (India).

[4] Indian Evidence Act, 1872, § 119,151, No 1, Acts of Parliament, 1872 (India).

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

[6] Indian Evidence Act, 1872, § 113A,113B, No 1, Acts of Parliament, 1872 (India).

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

[8] Indian kanoon, https://indiankanoon.org/doc/1046545/, last visited July. 30, 2024

[9] Indian Kanoon, https://indiankanoon.org/doc/1214266/, last visited July. 30, 2024

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