Delhi APO 2005

Which of the following statements is correct? (A) The Indian Evidence Act applies to affidavits (B) The Indian Evidence Act applies to a proceeding whose object is to determine a jural relation between one person and another (C) The Indian Evidence Act applies to arbitration proceedings (D) The Indian Evidence Act applies to departmental proceedings

Verified Answer
A. The Indian Evidence Act applies to affidavits
B. The Indian Evidence Act applies to a proceeding whose object is to determine a jural relation between one person and another
C. The Indian Evidence Act applies to arbitration proceedings
D. The Indian Evidence Act applies to departmental proceedings

Explanation:

Section 1 of the Indian Evidence Act states that it applies to all judicial proceedings in or before any Court. A proceeding whose object is to determine a jural relation between persons is a judicial proceeding. The Act explicitly excludes affidavits and arbitration proceedings. Departmental proceedings are generally not considered judicial proceedings in the strict sense for the application of the Evidence Act.