One hundred (and fifty) years of solitude: the Indian Evidence Act 1872 as a lost project of law reform.
In: Indian Law Review (24730580), Jg. 8 (2024-04-01), Heft 1, S. 1-19
academicJournal
Zugriff:
The Indian Evidence Act 1872 was a significant component of the legal codification project of colonial India. It aimed to consolidate scattered common law rules of evidence into an organized and workable code. Sir James Fitzjames Stephen, its principal draftsman, attempted to design a statute that would not only reorganize evidence law into cogent provisions but also improve its most confusing aspects, such as the fact-evidence distinction, hearsay, and relevance. Stephen did this by introducing conceptual categories and amending existing rules. In this paper, I show how the design of the Act aimed to achieve substantive reform of evidence law. I argue that judicial interpretation and academic scholarship have misconstrued the Act's principles and structure, undermining its intended improvements on common law rules. Consequently, the legal confusions it had sought to resolve have continued to persist in evidence law. [ABSTRACT FROM AUTHOR]
Copyright of Indian Law Review (24730580) is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Titel: |
One hundred (and fifty) years of solitude: the Indian Evidence Act 1872 as a lost project of law reform.
|
---|---|
Autor/in / Beteiligte Person: | Ambasta, Kunal |
Zeitschrift: | Indian Law Review (24730580), Jg. 8 (2024-04-01), Heft 1, S. 1-19 |
Veröffentlichung: | 2024 |
Medientyp: | academicJournal |
ISSN: | 2473-0580 (print) |
DOI: | 10.1080/24730580.2023.2283644 |
Schlagwort: |
|
Sonstiges: |
|