Lex fori

LEX FORI

Lex fori = the law of the place of action; the law of the forum of nation. (rules and regulations of a nation) given in indian evidence act, the statute.

Lord Brougham explains “lex fori”. “The law of evidence is the lex fori which governs the court, constitutes the basis of the law of evidence. Whether a witness is competent or not, whether a certain matter requires to be proved by writing or not; whether certain evidence proves a certain fact or not; that is to be determined by the law of the country where the question arises, where the remedy is sought to be enforced and where the court sits to enforce it”

Every country has its own boundaries, and its peculiar circumstances, living style, social, economic, political, etc. The law depends upon all these circumstances. Hence the law changes from one country to another country, for their convenience and smooth operation of the life of the people. For example: Adultery is an offence punishable with two years imprisonment in india, where as punishable to be stoned until death in the Islamic countries and the same offence is negligible and little punishment in the western countries.

The evidence, being  a procedure has to be governed by the law of the country where the proceedings are taken place. Hence section 1 of the Indian evidence act, 1872 explains that “It extends to the whole of india except the state of jammu and Kashmir”

Evidence given before any Indian court pertaining to any cause of action that has arisen in Russia or Canada or USA etc. will be governed by the law of the india only, but not by the law of Russia or Canada or USA.