185th Report of the Law Commission of India: A Critical Analysis

13 Pages Posted: 15 May 2008 Last revised: 25 May 2008

Date Written: 2008

Abstract

Unable to consider its 69th Report, the Central Government re-entrusted the task of reviewing the Indian Evidence Act, 1872 to the Law Commission. The reason, though not satisfactory in any circumstances, assigned was that there had been many developments upon the law of evidence. However, the earlier identified changes were not sought to be incorporated prior to the present reference. Thus the fate of the present review could certainly be anticipated even prior to any review exercise was undertaken.

Assigned the task to incorporate the change in the position of law, the Law Commission in the present report claims to have examined, in detail, the 69th report and other related reports of the Commission. This paper examines the 185th Report in a critical light and apprises these claims and others.

The chapterization is as under; I. Introduction II. Significant Recommendations: An insight III. Watchdog exercise IV. Anomalies still present? V. The 185th Report: A real review? VI. Conclusion

Keywords: India, Evidence Law, Law Commission of India

JEL Classification: K14, K19, K40, K49

Suggested Citation

Jain, Tarun, 185th Report of the Law Commission of India: A Critical Analysis (2008). Available at SSRN: https://ssrn.com/abstract=1133053 or http://dx.doi.org/10.2139/ssrn.1133053

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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