Law of Evidence [LAW351]

Project
On
Role of Evidence in Determination of
Cases

Submitted to
Dr. Pratyusha Das
Professor, Amity Law School
Amity University Kolkata

Submitted by
Riyanshu Agrawal
A90821617009
B.com LL.B. Hons.
Semester 5
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 Acknowledgement

I, Riyanshu Agarwal studying B.com LL.B. Hons. at Amity Law School in Amity University
Kolkata am very thankful to my Professor for Law of Evidence Dr. Pratyusha Das for
assigning and guiding me in this Evidence Law Project of my, titled Role of Evidence in
Determination of Cases.

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 Contents

Introduction

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 Introduction

We Human Beings have been in dispute with one another since a very long time and the
reasons for these disputes have evolved and so have the ways to resolve to these disputes.
Today in modern world, most disputes are resolved by the Courts which are setup for the
very reason to fairly resolve disputes there by doing justice. For example, two individuals are
fighting for a piece of land and each of them claims the legal owner of the land. Now in this
case, these is a dispute upon the ownership of the land and in order to resolve this dispute,
any or both of them can approach the court claiming to be the owner of the land. Now the
court has to resolve this dispute by giving a judgment stating the rightful owner of the land
and in order to do so, the court calls upon the parties to give reasons or proof of their claims
so that it can decide, who’s claim is stronger and who is real owner of the land. This proof or
reasons to the claim are termed as Evidence.
The English word “evidence” is originated from a Latin term “evidentia” which means to
show clearly, to make clear to the sight to discover clearly certain, to ascertain or to prove.
Thus, evidence is something, which serves to prove or disprove the existence or non-
existence of an alleged fact. The party who alleges the existence of a certain fact has to prove
its existence and the party, who denies it, has to disprove its existence or prove its non-
existence.
The Law of Evidence is the body of legal rules developed and enacted to govern the rules
concerning whether a given piece of information is admissible or not questions as what
happens if there is no evidence on a given point? How much evidence, if any must a party
introduces to prevent a court from ruling against him on factual proposition? Etc. In other
words, Law of Evidence governs the rules regarding to evidence taken by a court or other
adjudicating body during the trial.
In India , the law that regulates evidence is called the Indian Evidence Act of 1872 applies to
all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-
martial convened under the Army Act, the Naval Discipline Act or the Indian Navy
(Discipline) Act, or the Air Force Act] but not to affidavits presented to any Court or officer,
nor to proceedings before an arbitrator; Commencement of Act.1

1
Section 1, The Indian Evidence Act,1872

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