AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 185

Section 167

The 69th Report stated that it was not recommending any amendment to section 167 and we agree.

Transitory provision

We propose that the amendments recommended in this report, so far as those applicable to evidence in pending civil proceedings, should apply only if the evidence of witnesses (including that of the party witnesses) has not commenced by the date of commencement of the Indian Evidence (Amendment) Act, 2003, Bill in respect of which is annexed with this report.

We may also state that because documents have to be marked under Order 13 of the Code of Civil Procedure, 1908 during the evidence of a witness, the amendment so far as admitting documents also, will be applicable only where the evidence of witnesses (including that of party witnesses) has not commenced by the date of commencement of the said Amending Act.

We further state that in respect of amending provisions in the proposed Amendment Act wherein only Explanation clause is recommended for insertion in the respective provision and there is no other change proposed in that existing substantive provision, then the said amended provision shall be applicable to all suits or civil proceedings pending at the commencement of the proposed Amendment Act, irrespective of whether the examination of witnesses including parties, has commenced or not.

So far as the proposed amendments which apply to criminal proceedings are concerned, those will not apply to offences committed before the commencement of the Amending Act and pending in the court. They will apply only in regard to criminal proceedings relating to offences committed after the commencement of the Amending Act.

The Transitory Provisions read as follows:

"Transitory provisions.- (1) All suits or civil proceedings pending at the commencement of this Act, in which the examination of witnesses including parties, has commenced before the date of commencement of this Act, shall, save as otherwise provided in sub-section (2), be disposed of in accordance with the provisions of the principal Act as it stood immediately before the commencement of this Act, as if this Act had not come into force.

(2) Following provisions of the principal Act as amended by this Act, shall apply in so far as they relate to the procedure in a suit or civil proceeding pending in a Court at the commencement of this Act,, namely :-

the provisions of section 11 of the principal Act as amended by section 6 of this Act;

(b) the provisions of section 13 of the principal Act as amended by section 8 of this Act;

(c) the provisions of sub-section (1) of section 57 of the principal Act as amended by section 34 of this Act;

(d) the provisions of section 67 of the principal Act as amended by section 41 of this Act;

(e) the provisions of section 74 of the principal Act as amended by section 43 of this Act;

(f) the provisions of section 76 of the principal Act as amended by section 44 of this Act;

(g) the provisions of section 77 of the principal Act as amended by section 45 of this Act;

(h) the provisions of section 119 of the principal Act as amended by section 68 of this Act.

(3) All criminal proceedings relating to offences committed before the commencement of this Act and pending at the commencement of this Act, shall be disposed of in accordance with the provisions of the principal Act, as it stood immediately before the commencement of this Act, as if this Act had not come into force."

We recommend accordingly.

Justice M. Jagannadha Rao
Chairman

Dr. N.M. Ghatate
Member

T.K. Viswanathan
Member-Secretary

Dated: 11.3.2003



Review of the Indian Evidence Act, 1872 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys