Section – Wise – Explanation by JurisCrack.com
Section -1 of Evidence Act
Section -1 of Evidence Act – Applies to whole of India
Section -1 of Evidence Act applies to all Judicial Proceedings
What is judicial proceedings ?
According to Section 2, Sub-clause (i), Criminal Procedure Code, 1973, a judicial proceeding includes any proceedings in the course of which evidence is or may be legally taken on oath. The following are held to be judicial proceedings, are governed by the rules of Evidence Act:
- The proceedings under Chapter IX of CrPC, 1973
- An execution proceeding
- An enquiry conducted by a magistrate into the truth of the allegation contained in a petition, presented to a Deputy Commissioner.
- Enquiries under Secs. 97, 145, 340 of the CrPC, 1973.
- Proceedings before Industrial Tribunal (Burrakar Coal Co. v. Labour Appellate Tribunal of India, AIR 1958 Cal.226).
Section -1 of Evidence Act not applies to
- The Act does not apply the Court martial convened under the
- Army Act,
- The Naval Discipline Act,
- The Indian Navy (Discipline) Act, 1934 and
- Air Force Act
- The Act does not apply to ‘affidavits’ presented to any court or officer because the deponent’s assertion of facts on the basis of his personal knowledge does not constitute ‘evidence’
- Further, arbitrators have to follow the principles of natural justice but they are not bound by the law of evidence (Municipal Corporation Of Delhi vs Jagan Nath Ashok Kumar & Anr on 17 September, 1987)
- Judgement Link – https://indiankanoon.org/doc/799168/
- Still further, the Evidence Act has no application to enquiries conducted by the tribunals, even though they may be judicial in character; such tribunals follow rules of natural justice.
Section -1 of Evidence Act
Test Your Knowledge
On which of the following Evidence Act applies ?
- Arbitration
- Enquiries by Tribunal
- Judicial Proceedings
- None of these
Section -1 of Evidence Act
Enacted on
01 SEPTEMBER 1872
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