Law of Evidence at Bangladesh
The Law of Evidence in Bangladesh is primarily governed by the Evidence Act, 1872, which is a colonial-era legislation inherited from British India. Although it has been amended over time, the core structure remains largely intact. Below is an overview of the key aspects of the law:
📘 Evidence Act, 1872 – Key Features
1. Applicability
Applies to all judicial proceedings in courts in Bangladesh.
Does not apply to affidavits presented to any court or officer, or proceedings before an arbitrator.
2. Types of Evidence
Oral Evidence – Statements made by witnesses in court.
Documentary Evidence – Written or recorded materials like contracts, letters, and electronic records.
3. Relevancy of Facts (Sections 5–55)
Only relevant facts are admissible.
Defines what constitutes relevant facts (e.g., motive, preparation, previous conduct, etc.)
4. Admissions and Confessions (Sections 17–31)
Voluntary confessions are admissible.
Confessions made under threat, inducement, or to a police officer are generally inadmissible.
5. Statements by Persons Who Cannot Be Called as Witnesses (Section 32)
Includes dying declarations and statements against interest.
6. Burden of Proof (Sections 101–114)
Lies on the party who asserts a fact.
Includes presumptions of law and fact.
7. Witnesses (Sections 118–134)
Rules about who can be a witness, competency, and the number of witnesses needed.
8. Examination of Witnesses (Sections 135–166)
Includes examination-in-chief, cross-examination, and re-examination.
Establishes procedures for hostile witnesses, leading questions, etc.
9. Documentary Evidence and Electronic Records
Amendments have incorporated provisions for electronic records.
Certified copies and public documents are recognized under certain conditions.
⚖️ Special Laws Related to Evidence
Some other statutes in Bangladesh may also impact how evidence is handled, such as:
Code of Criminal Procedure, 1898 (CrPC)
Code of Civil Procedure, 1908 (CPC)
Digital Security Act, 2018 – For electronic evidence
Information and Communication Technology (ICT) Act, 2006 – Related to cyber evidence
📌 Key Issues in Practice
Delays in trial affect the quality and availability of evidence.
Training of law enforcement and judiciary is crucial in handling digital and forensic evidence.
Reform needs: Modernizing the 1872 Act to better align with 21st-century realities, especially in the context of digital evidence and human rights.
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