Law of Evidence
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- Law of Evidence
- What is Law of Evidence?
- The Evidence Law deals with the set of Rules and legal principles that govern the proof of facts in a legal proceeding. It deals with deciding which Evidence should be and which shouldn't be used in arriving at a decision by the Court.
- Deals with various preliminary definitions, concept and classification of Evidences, Res Gestae, Conspiracy etc.
- Admissions and Confessions, Statements by persons
- Judgements, Opinions of Third persons, Expert Opinon, Medical Evidence, Oral Evidence, Public and Private Documents etc.
- Concept of Estoppel
- Burden of proof / Onus Probandi
- Examination of Witness, its stages.
- Law of Evidence is the Lex Fori which governs the courts. - Bain vs White Raven and Furness Junction Rt., (1850) 3 HLC 1 at p. 19
- Law of Evidence is largely Procedural Law though few areas show it to be Substantive Law.
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Related Cases
- Ram Jus vs Surendra Nath, AIR 1980: The Law of evidence does not effect substantive rights of parties but only lays down the law for facilitating the course of justice. The Evidence Act lays down the rules of evidence for the purpose of the guidance of courts. It is procedural law which provides, inter alia, how a fact is to be proved.
Topics in Evidence Law
Legal Systems on Evidence
Australia: Evidence Act, 2011 of the Australian Capital Territory Consolidated Acts
Australia: Australian Evidence Act, 1995 of the Commonwealth Consolidated Acts
India: Indian Evidence Act, 1872
Singapore: Singapore Evidence Act
Kenya: Kenyan Evidence Act
South Sudan: Code of Evidence Act, 2006
- South Africa: Civil Proceedings Evidence Act, 1965
- Uganda: Uganda Evidence Act, 1909
UK Evidence Acts
- Criminal Evidence (Witness Anonymity) Act, 2008
- Youth Justice and Criminal Evidence Act, 1999
- Criminal Evidence (Amendment) Act, 1997
- Civil Evidence Act, 1995
- Civil Evidence (Family Mediation) (Scotland) Act, 1995
- Civil Evidence (Scotland) Act, 1988
- Police and Criminal Evidence Act, 1984
- Criminal Evidence Act, 1979
- Evidence (Proceedings in Other Jurisdictions) Act, 1975
- Civil Evidence Act, 1972
- Civil Evidence Act, 1968
- Criminal Evidence Act, 1965 (repealed, 18.9.1993)
- Oaths And Evidence (Overseas Authorities And Countries) Act, 1963
- Evidence and Powers of Attorney Act, 1943
- Evidence and Powers of Attorney Act, 1940
- Evidence Act, 1938
- Evidence (Foreign, Dominion and Colonial Documents) Act, 1933
- Tribunals of Inquiry (Evidence) Act, 1921 (repealed)
- Evidence (Colonial Statutes) Act, 1907
- Criminal Evidence Act, 1898
- Documentary Evidence Act, 1895
- Documentary Evidence Act, 1882
- Bankers’ Books Evidence Act, 1879
- Evidence Further Amendment (Scotland) Act, 1874
- Documentary Evidence Act, 1868
- Evidence Amendment Act, 1853
- Evidence (Scotland) Act, 1853
- Evidence (Scotland) Act, 1852
- Evidence Act, 1851
- Evidence Act, 1845
- Evidence (Scotland) Act, 1840
United States Evidence Law
From the United States Code
- Title 28 Chapter 115: Evidence; Documentary
- Title 28 Chapter 117: Evidence; Depositions
- Title 28 Chapter 119: Evidence; Witnesses