534 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Evidence does not include :
(1) Statement made by the parties and accused persons.
(2) demeanour of witnesses.
(3) Results of local inspection.
(4) Facts judicially noted.
(5) Any real and personal property, the inspection of which may be material in determining the question at issue such as weapons, tools or stolen property.
(6) Questions put to the accused by the Magistrate and the answers.
But all these are included in the expression “matters before it”.
The point is that the definition of evidence is strictly applicable to matters dealt with in the Evidence Act. It does not apply to evidence as dealt with by other Acts.
2. § Genesis of the Indian Evidence Act.
The Law of Evidence in India is contained in Act I of
§ Diversity of the Law of Evidence
There were two sets of Courts in British India ever since 1773 when the Regulating Act was passed by Parliament with a view to control the administration by the East India Company of its Indian possessions. There were the Supreme Courts established by Royal Charter in the Presidency Towns of Bombay, Madras and Calcutta. In the Muffassils, there were Courts established by the East India Company, Civil and Criminal. The rules of Evidence followed by the Supreme Courts were different from the rules of evidence followed by the muffassil Courts.
The Supreme Courts followed such of the rules of evidence as were contained in the Common and Statute Law which prevailed in England before 1726 and which were introduced by the Charter of that year in India. Some others were rules to be found in subsequent statutes of Parliament expressly extended to India ; while others again, had no greater authority than that of use and custom.