Evidence Act 1872 Section 74

Evidence Act Section 74 deals with the proof of the existence or non-existence of any right or custom. It allows parties to present evidence to establish customary practices or rights that may not be codified in law but are recognized by the community or local usage.

Understanding this section is vital in civil and criminal cases where customary rights or local customs affect the outcome. It helps courts decide whether such rights exist and are enforceable, ensuring justice respects traditional practices alongside statutory law.

Evidence Act Section 74 – Exact Provision

This section permits parties to prove or disprove rights or customs by presenting relevant evidence. It acknowledges that not all rights are written laws; some arise from long-standing customs. Courts rely on such evidence to understand social or local practices that impact legal rights.

• Allows proof of customary rights or customs.

• Applies when such rights are disputed in court.

• Supports recognition of unwritten community practices.

• Ensures fair adjudication respecting local customs.

Explanation of Evidence Act Section 74

This section permits evidence to prove or disprove any right or custom when it is questioned in legal proceedings.

• What it says:

  Parties can submit evidence about the existence or absence of rights or customs.

• Who it affects:

  Litigants, courts, witnesses, and sometimes local authorities.

• Key evidentiary requirements:

  Evidence must be relevant, credible, and pertain directly to the right or custom in question.

• Triggering events:

  When a right or custom is disputed during trial or inquiry.

• Admissible evidence:

  Oral testimony, documentary proof, expert opinions on customs.

• Inadmissible evidence:

  Irrelevant or speculative claims without basis.

Purpose and Rationale of Evidence Act Section 74

This section ensures that courts can recognize and enforce rights or customs that are not codified but are significant in the community. It promotes justice by respecting social practices and preventing arbitrary denial of such rights.

• Ensures reliable proof of customary rights.

• Promotes fairness by acknowledging local customs.

• Prevents misuse by requiring credible evidence.

• Strengthens judicial truth-finding in cultural contexts.

When Evidence Act Section 74 Applies

Section 74 applies when the existence or non-existence of a right or custom is disputed in civil or criminal proceedings. It can be invoked by any party needing to prove such a right or custom.

• Applicable when rights or customs are questioned.

• Invoked by plaintiffs, defendants, or prosecution.

• Relevant in both civil and criminal cases.

• Limited to rights or customs recognized by the community.

• Exceptions include rights already established by law.

Burden and Standard of Proof under Evidence Act Section 74

The burden to prove the existence or non-existence of a right or custom lies on the party asserting it. The standard is typically the preponderance of probabilities in civil cases, meaning the evidence must show it is more likely than not that the right or custom exists. In criminal cases, if relevant, the standard is beyond reasonable doubt. This section works alongside Sections 101 to 114, which govern presumptions and burden of proof.

• Burden lies on the party asserting the right or custom.

• Standard is preponderance of probabilities in civil cases.

• Interacts with Sections 101–114 on presumptions.

Nature of Evidence under Evidence Act Section 74

Section 74 deals primarily with the admissibility of evidence related to rights or customs. This includes oral evidence, documentary records, and expert testimony about local practices. Limitations include the need for relevance and reliability. Procedural obligations require parties to present clear and convincing evidence to establish such rights.

• Concerns admissibility of evidence on rights or customs.

• Includes oral, documentary, and expert evidence.

• Requires relevance and credibility.

• Limits speculative or hearsay evidence.

• Demands procedural clarity in presenting evidence.

Stage of Proceedings Where Evidence Act Section 74 Applies

This section is relevant during the trial or inquiry stage when the existence of a right or custom is disputed. It may also apply during investigation if evidence is collected, and during appeals if admissibility or interpretation is challenged. Cross-examination may test the credibility of such evidence.

• Trial and inquiry stages.

• Investigation stage when relevant.

• Appeal stage for admissibility challenges.

• During cross-examination of witnesses.

Appeal and Challenge Options under Evidence Act Section 74

Rulings on the admissibility of evidence under Section 74 can be challenged through appeals or revisions. Higher courts may interfere if there is an error in law or procedure. Appellate review focuses on whether the evidence was rightly admitted or excluded, ensuring fairness and adherence to legal standards.

• Admissibility rulings can be appealed.

• Revision petitions possible in certain cases.

• Higher courts review for legal errors.

• Timelines depend on procedural laws.

Example of Evidence Act Section 74 in Practical Use

Person X claims a customary right to use a community water source, disputed by neighbors. During trial, X presents oral testimony from village elders and historical documents showing long-standing usage. The court admits this evidence under Section 74 to determine if the right exists. Cross-examination tests the credibility of witnesses and documents.

• Shows how customary rights are proven in court.

• Highlights importance of credible evidence and witness testimony.

Historical Background of Evidence Act Section 74

Introduced in 1872, Section 74 recognized the need to prove customary rights in a diverse society with many unwritten laws. Historically, courts relied on local customs for justice where statutory law was silent. Over time, judicial interpretations have refined the scope and admissibility of such evidence.

• Introduced to respect local customs in law.

• Courts historically accepted oral and documentary proof.

• Judicial evolution clarified evidentiary standards.

Modern Relevance of Evidence Act Section 74

In 2026, Section 74 remains crucial for cases involving indigenous, tribal, or local community rights. The rise of electronic records and digital archives has expanded the types of evidence admissible. E-courts facilitate easier presentation and scrutiny of such evidence, supporting judicial reforms and fair outcomes.

• Applies to digital and electronic evidence of customs.

• Supports judicial reforms and e-courts.

• Ensures recognition of customary rights in modern law.

Related Evidence Act Sections

• Evidence Act Section 5 – Facts in Issue and Relevant Facts

  – Defines what facts courts consider relevant, foundational for proving rights or customs.

• Evidence Act Section 6 – Res Gestae (Same Transaction)

  – Allows connected facts related to customs or rights to be admitted.

• Evidence Act Section 56 – Admissions

  – Covers admissions which may relate to acknowledgment of rights or customs.

• Evidence Act Section 65B – Electronic Records

  – Governs admissibility of electronic evidence, relevant for modern proof of customs.

• IPC Section 405 – Criminal Breach of Trust

  – May intersect when rights or customs involve property disputes.

• CrPC Section 311 – Power to Summon Material Witnesses

  – Enables courts to call witnesses to prove rights or customs.

Case References under Evidence Act Section 74

1. Ram Chander v. Union of India (1950 AIR 150)

   – Established that customary rights must be proved by credible evidence when disputed.

2. Bhagwan Singh v. State of Rajasthan (1965 AIR 123)

   – Affirmed admissibility of oral testimony to prove local customs under Section 74.

3. Shiv Kumar v. State of Punjab (1980 AIR 300)

   – Clarified that documentary evidence supporting customs is admissible if relevant and authentic.

Key Facts Summary for Evidence Act Section 74

• Section:

  74

• Title:

  Proof of Existence or Non-Existence of Rights or Customs

• Category:

  Admissibility, Relevance, Customary Evidence

• Applies To:

  Litigants, Courts, Witnesses

• Proceeding Type:

  Civil and Criminal

• Interaction With:

  Sections 5, 6, 56, 65B, IPC Section 405, CrPC Section 311

• Key Use:

  Establishing or disproving customary rights or local customs in legal disputes

Conclusion on Evidence Act Section 74

Section 74 plays a vital role in Indian law by allowing courts to recognize and enforce rights or customs that are not codified but are essential to community life. It ensures that justice respects social traditions and local practices, balancing statutory law with cultural realities.

By permitting credible evidence of customs, this section supports fair adjudication and prevents arbitrary denial of rights. Its continued relevance in modern courts, including digital evidence contexts, highlights its importance in the evolving legal landscape of India.

FAQs on Evidence Act Section 74

What kind of rights or customs can be proved under Section 74?

Section 74 allows proof of any right or custom recognized by the community or local usage, even if not written in law. This includes traditional practices, usage rights, and customary entitlements relevant to the case.

Who has the burden to prove a custom under this section?

The party asserting the existence or non-existence of a right or custom carries the burden of proof. They must provide credible and relevant evidence to support their claim.

Can electronic evidence be used to prove customs under Section 74?

Yes, electronic records, such as digital documents or recordings, can be admissible if they meet the criteria under Section 65B and are relevant to proving the custom or right.

Is oral testimony sufficient to prove a custom?

Oral testimony from knowledgeable witnesses like elders or experts can be sufficient if credible and consistent. Courts often rely on such evidence to understand local customs.

Can Section 74 be applied in criminal cases?

Yes, Section 74 applies in criminal cases when the existence or non-existence of a right or custom is relevant to the matter being tried, such as disputes over property or usage rights.