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Report No. 185

Chapter II

Review of The Provisions of The Indian Evidence Act, 1872

Section 1

Section 1 of the Indian Evidence Act, 1872 bears the heading 'Short title, extent and commencement'. It refers to the extent of applicability of the Act to 'judicial proceedings'. The section, as amended earlier, reads as follows:

"Section 1: Short title, extent and commencement.- This Act may be called the Indian Evidence Act, 1872.

It extends to the whole of India (except the State of Jammu and Kashmir) and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the Army Act (44 & 45 Vict.,c.58), the Naval Discipline Act (29 & 30 Vict., c.109), or the Indian Navy (Discipline) Act, 1934 (XXXIV of 1934), or the Air Force Act, (7 Geo. 5, c.51) but not to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator;

And it shall come into force on the first day of September,"

This section requires a formal amendment in as much as the Army Act, 1881 was repealed in its application to India by the British Statutes (Application to India) Repealing Act, 1960 (Act 57 of 1960); similarly, the Indian Navy (Discipline) Act, 1934, when it was adapted by the Adaptation of Laws Order, 1950, ceased to refer to the (English) Naval Discipline Acts. The current legislation occupying the field is the Navy Act, 1957 which, in section 186 thereof, repealed the earlier law. The Air Force Act, 1917 has also been repealed in its application to India, by the British Statutes (Application to India) Repealing Act, 1960.

It may further be added that section 133 of the Army Act 1950, section 132 of the Air Force Act, 1950 and section 130 of the Navy Act, 1957 apply the provisions of the Evidence Act, 1872 subject to the provisions of these Acts.

We agree with the 69th Report of the Law Commission in this behalf and, therefore, recommend that in section 1 of the Act, the following words be deleted:

"other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58), the Naval Discipline Act (29 & 30 Vict., c. 109) or the Indian Navy (Discipline) Act, 1934 or the Air Force Act (7-Geo. 5, c 51)."



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