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Section 66: Code of Civil Procedure, 1908 and Indian Evidence Act, 1872 not to apply

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 65 All 87 Sections Schedules (4th, 5th, 7th) Section 67

Legal Commentary & Landmark Judgments: Section 66

Section 66 of the Arbitration and Conciliation Act, 1996 explicitly frees conciliation proceedings from the technical shackles of procedural law, declaring that the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 / BSA, 2023 do not apply.

  • Exclusion of CPC and Evidence Act: The conciliator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
  • Informal & Non-Adversarial Character: Frees the conciliator to hold caucuses, private meetings, and open discussions without procedural formalities.
  • Focus on Substantive Resolution: Prioritizes practical dispute resolution over legalistic rules of proof and procedure.
Key Landmark Precedents:
  • Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: The Supreme Court affirmed that Section 66 ensures that conciliation remains a flexible, confidential, and informal alternative to formal judicial litigation.
  • Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: Reaffirmed that mediation and conciliation are distinct from judicial adjudication and operate free from procedural technicalities.
Courtroom Practice & Strategic Litigation Guidance:

In conciliation meetings, focus on business solutions and future commercial relationships; procedural objections regarding formal proof or stamped documents cannot be raised under Section 66.

Section 65 All 87 Sections Schedules (4th, 5th, 7th) Section 67