How to Study the Indian Evidence Act for Judiciary?

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Hello, aspirants! Welcome to Lawctopus’ Judiciary Corner.

Today, we are talking about the Indian Evidence Act and how to prepare it for judicial examinations. 

It is a fact that it hardly matters which state the aspirant will appear for in the judicial exam. The Evidence Act is a non-negotiable Act that is asked in all exams.  

That is why we have dedicated an entire article specifically to the Indian Evidence Act.

Background of the Indian Evidence Act

Initially, with the introduction of the judicial system in India, the need for the enactment of evidence became necessary. Even though the English Law was there, it was not suitable for India. 

That is why on the recommendation of the commissioners, the Evidence Bill was prepared and submitted to the council of Governor-General of India on 31st March, 1871. 

The Council of the Governor-General made certain amendments to the Bill as settled by the Select Committee in its report on 30th January, 1872.

Meaning and Structure of the Indian Evidence Act

The word ‘Evidence’ has its origin in the word ‘Evidentia’ that means be clear. The Indian Evidence Act, 1872 is divided into three parts and comprises of 167 sections.

Part-1Part-2Part-3
Ch. 1-2Ch. 3-6Ch. 7-11
Relevancy of FactsOn ProofProduction and Effect of Evidence

Application of the Indian Evidence Act, 1872

Section 2 mentions where the Evidence Act applies. It applies to:

  1. Whole of India
  2. To all judicial proceedings in or before any courts including Courts-martial.

The Indian Evidence Act doesn’t apply to:

  1. Court Martial convened under the Army Act, The Naval Discipline Act, Indian Navy Discipline Act, 1934, and the Air Force Act;
  2. Affidavits presented to any Court or officers and;
  3. Proceedings before an arbitrator.
Indian Evidence Act for judiciary

How to Study the Indian Evidence Act for Judiciary?

It may seem like a daunting task at first when you pick up the Bare Act. However, if aspirants systematically study the Act, they will understand more of it.

The focus should be on understanding the concepts and necessity of each Section rather than memorization. 

For example, rather than memorizing Sections 5 to 55 that talk about relevant facts, try creating a flowchart to understand what the facts are, what kind of facts are presented before the court, etc. Try to break the Index into smaller concepts to remember more information.

Also, make sure to incorporate the chart method for all your sections and concepts. 

Reading the Bare Act from Section 1 is a fine strategy for the first time to see the flow of the section and procedure. However, in the long run, breaking the sections into tiny concepts is the key to success. 

Combination of Previous Years’ Question Papers & the Indian Evidence Act

The syllabus is vast and you have limited time. How would you know which topics should be your priorities and which are not?

Just go through the PYQs of the state you are appearing for and mark the topics that are always repeated in the examination. Prepare them first and move forward with the rest of the syllabus the same way. This method helps eliminate unnecessary information but aspirants get an idea about the pattern of the exam as well. 

And, no, we are not encouraging anyone to skip reading the Bare Act. It is an integral part of clearing the preliminary stage of any state judicial exams. We are only advising the aspirants to read the Bare Act and also mark topics from PYQs that are important from the exam point of view.

Important Topics of the Indian Evidence Act for Judiciary

Even though the whole Act is important, there are a few topics that aspirants must not skip. These are:

  • Oral Evidence 59-60
  • Documentary Evidence- 61-90A
  • The burden of Proof- 101-114A
  • Witness- 118-134
  • Section 135-166- Examination of Witness

These sections are very broad and from them, small topics will emerge. That is why, it is advisable that aspirants make small topics from each broad category and prepare them for 5 marks and 20marks.

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