Indian Evidence Act Notes for Judiciary Exams 2023: Make IEA Notes Like A Pro

Reader's Digest: Are you struggling to find the Indian Evidence Act notes for Judiciary? If yes, you landed at the right place! Uncover the most important topics to be included in the Indian Evidence Act, 1872 notes, evidence act handwritten notes by toppers, and Indian Evidence Act notes PDF.  Read the ultimate guide for the concept of IEA, important sections under IEA, preparation tips, commonly asked questions, and more.

Indian Evidence Act Notes for Judiciary Exams 2023: Why Bother Studying It?

Please take a deep breath because we are about to put a full stop to your worries about Judiciary Preparation 2023.

Indian Evidence Act is a golden subject common in all state-level judiciary exams. It's a brownie point for you all, judicial aspirants!

The Imperial Legislative Council of India passed the Indian Evidence Act in 1872. IEA comprises a set of rules and allied issues governing the admissibility of evidence in the Indian Courts of Law.

This Act is not exhaustive but is retrospective in nature and a part of the law of procedure. This Act applies to the whole part of India except Jammu & Kashmir.

Considering the recent trends of various state judiciary exams, we can safely conclude that it is undeniable proof that the Indian Evidence Act holds significant weightage.

Asked often in both Prelims and Mains paper of Civil Judge Exam, you cannot take a risk to leave this crucial topic (not even in your dreams). On average, about 12-15 questions are from IEA in Prelims, amounting to 24-30 marks. 

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Special Highlights of Indian Evidence Act Notes for Judiciary Preparation 2023

Go through the Indian Evidence Act notes for Judiciary from the following. 

Indian Evidence Act does not apply to the following cases:

• Court-martial conveying under the Army Act, Air Force and  Act, and Naval Discipline Act.
• Also, it does not apply to affidavits.
• Any proceedings before the arbitrators.

"Indian Evidence Act is not exhaustive but is retrospective in nature."

Interpretation-Clause

The following words and expressions are used in the following senses unless a contrary intention appears from the context:

• Court: It includes all judges, magistrates, and persons except arbitrators who are legally authorized to take evidence.
• Fact: Indian Evidence Act is wholly based on facts. Anything, state of things, or relation of things, capable of being perceived by the senses comes under IEA. Also, any mental condition of any person is conscious.
• Relevant: One fact is relevant to another when one is connected with the other in any way.
• Facts in Issue: Any fact from which, either by itself or in connection with other facts, there may be a disagreement about the existence, nature, and extent of any right.
• Document: Any matter expressed upon any substance using letters, figures, or marks.
• Evidence: There are two types of evidence - oral evidence and document evidence.

All statements that the court permits to be made before it by witnesses about the matter of fact under inquiry are known as oral evidence.

In contrast, documentary evidence is defined as documents produced for the court's inspection, including electronic records.

Indian Evidence Act - Levels of Proof

Courts require different levels of proof, depending on the merits of the case at hand. Mainly there are three types of levels of proof under the Indian Evidence Act, as explained below:

May Presume

Whenever this Act provides it that the court may presume a fact, it may regard such facts as proved unless and until it is disproved or may call for proof.

Shall Presume

Whenever this Act directs that the court shall presume a fact, it shall regard such fact as proved, unless and disproved.

Conclusive Proof

When this Act declares one fact as conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved and shall not allow evidence to be given to disprove it.

Relevancy of Facts 

Evidence may be given of facts in issue and relevant facts under the following cases. 

1. Evidence may be given of facts in issue and relevant facts. 

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of other facts hereinafter declared relevant and of no others.

Explanation - This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.

Illustrations - 

(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.

At A’s trial, the following facts are in issue: -  A’s beating B with the club; A’s causing B’s death by such beating; A’s intention to cause B’s death.

(b) A suitor does not bring with him and has, in readiness for production at the first hearing of the case, a bond on which he relies.

This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.

2. Relevancy of facts forming part of the same transaction.

Facts which, though not in issue, are so connected with a fact in issue that forms part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

Illustrations -

(a) A is accused of the murder of B by beating him.

Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

(b) A is accused of waging war against the [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked, and gaols are broken open.

The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them.

(c) A sues B for a libel contained in a letter forming part of a correspondence.

Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself.

(d) The question is whether certain goods ordered from B were delivered to A.

The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

3. Facts which are the occasion, cause, or effect of facts in an issue.

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations - 

(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it to third persons, are relevant.

(b) The question is whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison, and the habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

4. Motive, preparation, and previous or subsequent conduct.

Any fact is relevant, which shows or constitutes a motive or preparation for any fact in an issue or relevant fact.

Explanation 1. –– The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements.

Still, this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2. –– When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations -

(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C and that B had tried to extort money from A by threatening to make his knowledge public are relevant.

(b) A sues B upon a bond for the payment of money, and B denies making the bond.

5. Facts necessary to explain or introduce relevant facts.

Facts are necessary to explain or introduce a fact in an issue, relevant fact, or the following cases.

• Facts that support or rebut an inference suggested by a fact in an issue or relevant fact, or
• Facts that establish the identity of anything or
• A person whose identity is relevant, or
• Facts that fix the time or place at which any fact in issue or
• The relevant fact which shows the relation of parties by whom any such fact was transacted is relevant in so far as they are necessary for that purpose.

Illustrations

(a) The question is, whether a given document is the will of A. The state of A’s property and of his family at the date of the alleged will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libelous is true.

6. Things said or done by conspirators in reference to common design.

Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done, or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.

Illustrations - 

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the [Government of India].

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, and D persuaded persons to join the conspiracy in Bombay.

E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta.

And the contents of a letter written by H giving an account of the conspiracy are each relevant, both to prove the existence of the conspiracy and to prove A’s complicity in it,

Although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it

7. When facts not otherwise relevant become relevant.

(1) if they are inconsistent with any fact in the issue or relevant fact;

(2) if by themselves or in connection with other facts, they make the existence or non-existence of any fact in an issue or relevant fact highly probable or improbable.

Illustrations -

(a) The question is, whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was in Lahore is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed would render it highly improbable, though not impossible, that he committed it, is relevant.

(b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C, or D.

Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C, or D is relevant.

8. In suits for damages, facts tending to enable Court to determine the amount are relevant.

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages that ought to be awarded is relevant.

9. Facts relevant when right or custom is in question.

Where the question is as to the existence of any right or custom, the following facts are relevant: ––

(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognized, or exercised, or in which its exercise was disputed, asserted, or departed from.

Illustrations - 

The question is whether A has a right to a fishery.

A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.

10. Facts show the existence of the state of mind, body, and bodily feeling.

Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will, or good-will towards any particular person, or showing the existence of any state of body or bodily feeling are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant.

Explanation 1. -  A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

Explanation 2. - But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.]

Illustrations - 

(a) A is accused of receiving stolen goods, knowing them to be stolen. It is proved that he was in possession of a particular stolen article.

The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen.

(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit.

The fact that A possessed several other pieces of the counterfeit coin at the time of its delivery is relevant.

The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin, knowing it to be counterfeit, is relevant.

(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious.

The fact that the dog had previously bitten X, Y, and Z and that they had made complaints to B are relevant.

Must Include Sections of the Indian Evidence Act Notes for Judiciary Exam 2023

The following are some of the important sections under the Indian Evidence Act for Upcoming Judiciary Exams. So, you must include these sections while making Indian Evidence Act notes for Judiciary.

Section 3: Interpretation Clause.

Section 4: May Presume.

Section 5: Evidence of facts in the issue and relevant facts may be given.

Section 6: Relevancy of facts forming part of the same transaction.

Section 7: Facts which are the occasion, cause, or effect of facts in an issue.

Section 8: Motive preparation and previous or subsequent conduct.

Section 9: Facts necessary to explain or introduce relevant facts.

Section 10: Things said or done by conspirators about common design.

Section 11: When facts not otherwise relevant become relevant.

Section 14: Facts showing the existence of the state of mind or the body or bodily feeling.

Section 15: Facts bearing on the question of whether the Act was accidental or intentional.

Section 21:Proof of admission against persons making them, and by or on their behalf.

Section 22A: When oral admissions as to contents of electronic records are relevant.

Section 24: Confession by inducement, threat or promise when irrelevant in a criminal proceeding.

Section 25: Confession to police officer not to be proved.

Section 26: Confession by accused while in the custody of police not to be proved against him.

Section 27: How much information received from the accused may be proved.

Section 28: Confession made after removal of impression caused by inducement, threat or promise, relevant.

Section 31:  Admissions are not conclusive proof but may stop.

Section 32: Case in which a dead person cannot find a statement of relevant fact by a dead person or cannot be found, etc. is relevant.

Section 56: Facts judicially noticeable need not be proved.

Section 59:Proof of facts by oral evidence.

Section 60: Oral evidence must be direct.

Section 62: Primary evidence.

Section 63: Secondary Evidence.

Section 65: Cases may give secondary evidence relating to documents.

Section 65B: Admissibility of electronic records.

Section 68: Proof of execution of document required by law to be attested.

Section 89: Presumption as to due execution, etc., of documents not produced.

Section 91: Evidence of terms of contracts, grants, and other property dispositions reduced to the form of a document.

Section 101: Burden of proof.

Section 105: Burden of proving that the case of the accused comes within exceptions.