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Features of the Indian Evidence Act

The Act is based on English Evidence Law with few exceptions. It is


not uncommon for Courts to peek into English Evidence Law in case
of doubt. The Act is Lex Fori.
The Act is not applicable for domestic tribunals (such as Industrial
Tribunal, Administrative Tribunal etc.) and non-judicial proceedings
(such as Departmental inquiries, affidavits presented to a Court etc.,
proceedings under defense discipline acts)
Tribunals do not follow Evidence because they have to follow rules
of natural justice
Indian Evidence Act applies to both Civil and Criminal proceedings.
However, some sections are applicable only to Civil, some only to
Criminal and some to both. The Act has put more burden of proof on
the prosecution to provide the guilt of the accused. The degree of
proof required is stricter in criminal proceeding than in a civil
proceeding. In a criminal proceeding, the accused must be proved
beyond all reasonable doubts.
Despite being a sister Act of Criminal Procedure Code, 1973 and Civil
Procedure Code, 1908, it is a complete Act.
Object of the Act is to get the truth of the several disputed facts or
points in issue. Burden of proof is on the party claiming to prove the
substance of the issue to the satisfaction of the court.
Direct and circumstantial evidence is given importance over Hearsay
Evidence.
No person is bound to incriminate himself. Some categories
of witnesses are given protection and privilege

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