Raghav
in Arbitration and Mediation
Asked February 22, 2014

applicability of evidence act in civil proceeding

  • 3 Answers
  • 994 Views

Does Evidence Act apply to civil proceedings?

Answers 3

Default avatar
Vedang

Yes, it does apply to civil proceedings. Section 1 of Indian Evidence Act, 1872 expressly provides that it applies to all kinds of judicial proceedings in or before any Court in India which implies it is applicable to both Civil and Criminal proceedings. However, there are certain provisions that apply only to civil cases, some only to Criminal and some to both. The Doctrine of Estoppel applies only to civil proceedings.[1] According to this principle if one party by his conduct or act, makes a promise to other party which intends to create legal relationship between them, the promise would be binding on the party making it and he would not be entitled to go back upon it. This doctrine is not applicable in criminal cases.  Similarly, provisions relating to confessions would apply only to criminal proceedings. Generally, the degree of proving guilt of accused in criminal proceedings is stricter than in a civil proceeding. The fact that the accused is of a good character is relevant in criminal cases[2] whereas, in civil cases it is not relevant[3]. But, if such character affects the amount of damages claimed, it becomes relevant in civil proceedings[4].

 

[1] Section 115 of Indian Evidence Act, 1872

[2] Section 53 of Indian Evidence Act, 1872

[3] Section 52 of Indian Evidence Act, 1872

[4] Section 55 of Indian Evidence Act, 1872

Agree Comment 0 Agrees about 3 years ago

Default avatar
Srija Choudhury

 The Indian Evidence Act, 1872 basically is a set of rules that governs the issue of admissibility of any evidence in Court of Law. Admissibility in a Court of law means the documents or electronic records which can be produced in front of the court. Once evidence is admitted, it is considered to be proved.

 

The India Evidence Act, 1872 applies to all kinds of cases whether civil or criminal. It has a very wide area of application. The question of admissibility can be raised for any document in a civil suit as well as a murder weapon in a criminal proceeding .The application of this Act is mainly done in the trial court level, where all kinds of documents and evidences from both the parties are taken into account.

 

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.

Agree Comment 0 Agrees about 3 years ago

Sir, evidence act is applicable to both civil and criminal proceedings.

Agree Comment 0 Agrees 10 months ago

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