EXPLAIN LAW OF EVIDENCE AND DESCRIBE WHETHER IT IS SUBSTANTIVE OR ADJECTIVE LAW?

Sir James Stephen defined Law of Evidence as -

"The law of evidence is that part of the law of procedure which with a view to ascertain individual rights and liabilities in individual cases, it decides:

(1) What facts may and what may not be proved in such cases.

(2) What sort of evidence must be given to a fact which may be proved and;

(3) By whom and in what manner the evidence must be given by which any fact is proved".

Therefore, law of evidence deal with modes of leading evidence as well as regulating that evidence of which fact can be given in court. The main object of the law of evidence is to assist the court in judging what facts are relevant to ascertain the truth and to avoid the confusion and how such relevant facts will be proved in courts by lawfully leading the evidence.

Laws may be generally divided into 'substantive' and 'procedural' or 'adjective' laws.

The laws which defines rights, duties and liabilities are called 'substantive law'.

For ex: IPC.

The laws which prescribes the modes or by which application of substantive law is regulated are called 'procedural' or 'adjective' laws.

Therefore, law of evidence is law of procedure i.e., adjective law. Evidence Act does not define rights or liabilities under the law but only prescribe the mode by which rights or liabilities of parties are retained. Therefore, it is adjective law & helps in implementing the substantive law.

Law of evidence is "lex fory" :

Maxim "lex fory" means the law of place of action. The law of evidence is "lex fory". Whether certain evidence proves certain fact or not is to be determined by law of the country where the question arises, where the remedy is sought to be enforced and where the court sits to enforce it.