540 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The basis of the definition of the same word under the Indian Penal Code is his authority to give the Judgement. The basis of the definition under the evidence is the power to take evidence.
(ii) The definition of a Judge under the Criminal Procedure Code would not include a Magistrate. But the definition in the Indian Penal Code would include a Magistrate.
(iii) The Evidence Act would not include Arbitrator either Judges or Magistrates. But the definition of ‘Judge’ in the Indian Penal Code would include Judges, Magistrates as well as Arbitrators.
The conclusion is that the definition of the word Court in the Evidence Act is framed only for the purpose of the Act itself and should not be extended beyond its legitimate scope.
§ Proceedings to which the Evidence Act does not apply
- The Act does not apply to :—
(i) Judicial proceedings in or before a Court Martial convened under the Army Act or Air Force Act.
(ii) Affidavits presented to any Court or officer.
(iii) Proceedings before an Arbitrator.
Proceedings before a Courts Martial
The Act does apply to the proceedings of a Courts Martial under the Indian Army Act i.e., it applies to Native Courts Martial. Act VIII of 1911.
The Act also applies to all proceedings before the Indian Marine Courts.
Act XIV of 1887 s. 68.
Act V of 1898.
Act XVII of 1898.
Act I of 1899.
- The Act does not apply to the proceedings of a Court Martial convened under the British Army or Air Force Act.
Questions relating to evidence are determined by Ax loci contractus, but by the law of the Country where the question arises,