LAW OF EVIDENCE 537
- The Indian Evidence Act is as stated in the Preamble an Act to Consolidate, define and amend the law of evidence.
It is not a statute which merely consolidates and amends the evidence i.e. it codifies the law of evidence. Its constructions will be governed by the rule laid down in Bank of England vs. Vagliano and not by the rule laid down in it.
§ Scope and Extent of the Act
- The scope of the Act is defined in Section 2. Under section 2 the law of evidence is contained:
(i) In the Evidence Act and
(ii) In other Acts or statutes which make specific provision on matters of evidence and which are not expressly repealed.
This Section in effect prohibits the employment of any kind of evidence not contained in the Act or any other statute or Regulation not expressly repealed.
Section 2:—The following laws shall be repealed.
(1) All rules of Evidence not contained in any Statute Act or Regulation in force.
(2) All such rules contained in Regulation as have acquired the force of law under Section 25 of the Indian Councils Act,
(3) Enactments mentioned in the Schedule.
2. The Evidence Act and other Acts relating to Evidence —
(1) The Evidence Act is a separate statute dealing with an important branch of law and its provisions are independent of the rules of procedure contained in the Criminal Procedure Code and must have full scope unless it is clearly proved that they have been repealed or altered by another statute.
7 Lah. 84.
§ Application of the Act Section 1 prescribes the application of the Act
(1) Territorial Application
It extends to the whole of British India and therefore applies to the Scheduled Districts.