How to Cross Examine

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THE INDIAN EVIDENCE ACT, 1872

Some important provisions of the Indian Evidence Act, 1872:

The Indian Evidence Act drafted by Sir James Fitzames Stephan is totally scientific and based on logical conclusions and reasoning. This is an Act enacted taking into consideration the human experience. There is no other Act which is so scientific and based on human experience as the Indian Evidence Act. Initially in 1855, Rules of Evidence Act 2 of 1855 was prepared. Subsequently Indian Evidence Act 1872 was prepared and enacted. Even after passing of 150 years, after the Act came into force, its basic features are not changed. It is mainly based upon the principle, "Let ten culprits escape, but one innocent should not be punished." This is the basic principle in enacting this Act. Any fact has to be proved logically based on evidence accepted by the court. Even grave suspicion cannot take place of proof. AIR 1971 SC 1898, AIR 1975 SC 258, 1997(2) ALT (Cri) 411. The burden of proof always lies on prosecution in criminal cases. The burden never shifts to the accused AIR 1957 SC 366.

Indian Evidence Act, Section 3 few definitions are as follows:

COURT:

"Court" includes all Judges and Magistrates, and all persons except Arbitrators legally authorized to take evidence.

EVIDENCE:

The expression "Evidence" means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and documents produced for inspection of the court respectively called oral evidence and documentary evidence....................