HISTORICAL DEVELOPMENT IN LAW OF EVIDENCE

Abstract

In society, civil and criminal cases are going on and for controlling them there are several substantive laws but these are not enough because without procedural laws e.g. law of evidence the legal proceeding does not complete. In this scenario number of changes are going with these changes there is a need to make certain amendments under the evidence Act. Several alterations have been made after 1990 because of scientific and modern technology e.g. Information Technology Act, 2000. When we study the historical background of the Indian Evidence Act from the ancient Hindu period to the Modern period, that time we may notice some points like; the evidence means proofs and these were taken during Hindu period to till today and all these references we have got from Ramayana and Mahabharata. One more thing there was no particular evidence law but they were proving the guilty of a person in several ways and modes. As well as Brihaspati has mention four stages of proving guilty before the court or king and now the same stages we are applying in the court procedure for carrying the smooth court system as Plaint, Reply, Trial and investigation, and Verdict or Decision. Hence, there is a need to do a deep study of the historical background of certain Acts and to make necessary changes in the concerned Act.