The word ‘evidence’ is derived from the Latin term ‘evidens’ or ‘evidere’ which means ‘to show clearly’ or ‘to discover clearly’, ‘to ascertain’ or ‘to prove’.
The objective of the Evidence Act is to prevent laxity and negligence in the admissibility of evidence and to introduce a full-proof and uniform rule of practice than what was previously used.
The main principles which emphasize the law of evidence are-
evidence must be confined to the matter in issue
hearsay evidence is no evidence and hence it must not be admitted
best evidence must be given in all cases
The Indian Evidence Act has no application to enquiries by Tribunals, even though they may be judicial in nature. The Law only requires that rules of Natural Justice must be maintained at the time of conducting enquiries and in an event when such rules have been adhered to, the decisions of the Tribunals are not liable to be challenged.
The Law of Evidence is an adjective law and therefore has retrospective effect, unless specified.
