The demand to translate the existing laws into Bengali is long standing. Although this demand has come up from time to time, its implementation has been seen to be very little. Those concerned said that the law should be Bangla to pay respect to the language martyrs and make the judicial process easier for the litigants. Finally, the 150 year old ‘Evidence Act’ has been translated into Bengali and drafted. Bangladesh Law Commission has also identified its incomplete and defective parts. If the draft is implemented, it will be very helpful for the litigants.
According to the Law Commission, the ‘Evidence Act’ first came into force in the region on 1 September 1872. This Act enacted during the British period was later known as the ‘Indian Evidence Act’. After partition in 1947, the term ‘Indian’ was abolished.
After the independence of Bangladesh, the Evidence Act of 1872 is considered as one of the ‘procedural laws’ in the judicial system of the country. Civil and criminal cases are being tried in different courts based on this law. However, the Law Commission feels that with the change of era and time, the type and nature of crime and social conflict are changing. Due to which, currently, various types of conflicts and opprobriums have changed and expanded. In keeping with these changes, the existing Evidence Act and other laws need to be made more up-to-date. This is necessary so that justice can be ensured.
The draft is ready
According to Law Commission sources, the opinions of 350 stakeholders including top law officers of the state, former judges of the high court, district judges, university teachers, lawyers were invited in the drafting of the Evidence Act. Many of them give opinions. After reviewing those views, the commission formulated the draft. A copy of the draft has already been sent to the Law Ministry.
A three-member commission headed by Law Commission Chairman and former Chief Justice ABM Khairul Haque prepared the draft. The other two members of the commission are retired Supreme Court Justice Abu Bakar Siddiqui and Justice ATM Fazle Kabir.
Important aspects of drafting
Evidence Act is also important among the prevailing laws of the country. Therefore, in view of those importance, the proposed Evidence Act has clearly defined confession.
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Barrister Humayan Kabir Pallab of the Supreme Court told the Bangla Tribune, “The Evidence Act is one of the most complicated laws in Bangladesh. In practice, it is difficult for a lawyer or a court to properly understand the law of evidence. This is because its linguistic usage is very strong. Simplifying it makes it easier to understand.
He said that the law was made in 1872 during the British period in complex English language. However, if it is converted into a law in Bengal with amendments, it will create harmony between the court-lawyers and above all the litigants. It will also benefit the police in case investigation. The initiative to Bengali the law is a very good thing. It is very necessary in the need of time. The easier a law is to understand, the more we can reap the benefits of that law.
Recommendations on the draft
The Law Commission has made some recommendations for legal changes in the proposed draft. It proposes to amend the provision of death declaration. It has been said, ‘If the said person is apprehensive of his impending death and if he has made the statement out of apprehension of said imminent death, the statements are relevant, whatever be the nature of the proceedings in which the question arises as to the cause of his death.’
According to the Commission, it is necessary to legally present the evidence before the court by protecting the rights of the accused recognized in the Constitution and other existing laws. It stated that the law of evidence is of immense importance to prevent ‘arbitrary’, ‘irrelevant’ evidence being presented by various parties to the case and ensure speedy justice by presenting evidence only on relevant matters. It is also necessary to ensure that different courts do not accept different types of evidence in similar cases.
Again, considering the circumstances, the court needs discretionary power to admit or exclude some evidence. An up-to-date evidence law is essential for the proper reception and use of evidence in court to ensure that no one is deprived of his legal rights or an innocent person is convicted by decisions made on the basis of irrelevant and prejudicial evidence.
In this regard, Chairman of Law Commission and former Chief Justice ABM Khairul Haque told Bangla Tribune, ‘We have prepared the draft of the law in accordance with the times. I hope it will be passed into law. We have already drafted the Land Act. Working on some other important laws.’
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