In jurisprudence and procedural law, the law of evidence is classified as:
In jurisprudence, laws are divided into substantive law (which defines rights, duties, and liabilities) and adjective or procedural law (which prescribes the machinery and…
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In jurisprudence and procedural law, the law of evidence is classified as:
Answer and explanation
Correct answer B
In jurisprudence, laws are divided into substantive law (which defines rights, duties, and liabilities) and adjective or procedural law (which prescribes the machinery and rules for enforcing those rights and liabilities). The law of evidence (now governed by the Bharatiya Sakshya Adhiniyam, 2023, formerly the Indian Evidence Act, 1872) lays down the rules regarding what facts may be proved and how they are to be proved before a Court, and is therefore an adjective law (and part of the lex fori).
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Option A
Incorrect. Substantive law defines rights, duties, and liabilities (such as the Bharatiya Nyaya Sanhita, 2023 or the Indian Contract Act, 1872), whereas the law of evidence prescribes the mode of proving facts in issue and relevant facts.
Option B
Correct. The law of evidence (now embodied in the Bharatiya Sakshya Adhiniyam, 2023, formerly the Indian Evidence Act, 1872) is classified as an adjective (procedural) law, which serves as part of the lex fori governing the proof of facts in judicial proceedings.
Option C
Incorrect. Although a few provisions (such as estoppel) have substantive effects, the law of evidence as a whole is classified in jurisprudence as an adjective law.
Option D
Incorrect. The law of evidence is municipal adjective law (lex fori), not a branch of public international law.
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