This article begins with a summary of Stephen's career. It then describes the effects his time in India had on him, and how it contributed to various successes. It describes the stature of the Indian Evidence Act 1872 within India of other countries into which it was introduced. It then analyses the background to the Act: Stephen's attitude to India, Indian legislative machinery, the condition of Indian evidence law before his arrival, Stephen's evidentiary theories, the various available sources for the Act, and the principles guiding Stephen in drafting it. It then considers certain paradoxical aspects of the Act. It examines the extent to which Stephen was original. It then examines in detail the seven techniques employed by Stephen in drafting the Act.
Document Type: Research Article
Publication date: June 1, 2010
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The Oxford University Commonwealth Law Journal (OUCLJ) is the flagship journal of Oxford University's postgraduate law community, produced under the aegis of the Law Faculty. It is published twice-yearly and endeavours to foster international academic debate and exchange on a wide range of legal topics of interest throughout the Commonwealth.