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Report No. 24

13. Application of the Indian Evidence Act, 1872.-

Thirdly, it has been suggested to us that it should be made clear whether the Indian Evidence Act, 1872 applies to proceedings before a Commission of Inquiry. The position in England under the Tribunals of Inquiry (Evidence) Act, 1921 is stated by Keeton as follows1:-

"In sifting the facts concerning the existence of rumours giving rise to the inquiry, all evidence is relevant and this part of the inquiry is simply fact-finding. When the question of the involvement of a particular person in a particular transaction is under consideration, however, the Tribunal restricts itself to the facts admissible under the normal rule of evidence."

We recommend that the same practice should be followed in our country also. We, however, do not recommend that any statutory provision in this behalf should be made in the Act, because such a rigid provision may defeat the very object of the Act, namely, to find out the truth.

1. Keeton Trial by Tribunal, 1960, p. 18.

Commissions of Inquiry Act, 1952 Back

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