Evidence act 1872 Short title, extent and commencement.-

 1. Short title, extent and commencement.-

(1) This Act may be called the Indian Evidence Act, 1872.

(2) It extends to the whole of India (extent on jammu Kashmir and laddakh union territories from 31 October 2019)

In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted.

(3) 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 (34 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, 1872

Evidence Act applies on following proceedings:- 1. all judicial proceedings before any court

2. all judicial proceedings before court-martial other than than Courts-martial convened under the Army Act) (44 & 45 Vict., c. 58) the Naval Discipline Act (29 & 30 Vict., c. 109) or 4 the Indian Navy (Discipline) Act, 1934 (34 of 1934)or the Air Force Act) (7 Geo. S. c. 51) KDALC

Evidence Act does not applies on following proceedings:-

1. proceedings before arbitrator

2. proceedings before court martial convened under the Army Act (44 & 45 Vict., c. 58) the Nayal Discipline Act (29 & 30 Vict., c. 109) or the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act) (7 Geo. 5, c. 51)

3.not strictly apply on proceedings before tribunal.

4. not apply to affidavits presented to any Court or Officer

Case-Brajnandan Sinha Vs. Jyoti Narain 1956 SC

Court held that proceeding of contempt of courts is judicial in nature though summary procedure is to be adopted in it and provision of Evidence Act are not apply on such proceedings..

Case - Sudha devi Vs. MP Narayanan & Ors 1988 S C

Court held that affidavits are not included in the definition of Evidence in section 3 of the Evidence Act and can be used as evidence only if for sufficient reasons court passes an order under order XIX rule 1 or 2of the code of civil procedure.