Lex Fori
The term Lex Fori means the “law of the forum”, and here the forum means the court, in which a case is tried. This concept is applied by an Indian court while deciding the competency of a witness or considering evidence as valid for a particular suit. In this regard, it is to be noted that Lex Fori is the law of the country, in which the dispute arises. Thus, in order to resolve any dispute occurred in India, an Indian court would follow the Indian Evidence Act. This could be further explained by the example that if a foreign person becomes a party in a suit for committing any offence in India, he or she shall be tried in the basis of the Indian Evidence Act and not on the basis of any foreign law. Thus, it can be said that an Indian court shall continue the proceedings on the basis of the law of the land and foreign law shall not have any influence over the judgment made by such court.
On the basis of the discussion made above, the following points can be extracted for understanding Lex Fori
- The Law of Evidence is a part of procedural law
- Lex Fori is the law of the Court
- Indian Courts will only apply to Indian law.
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