THIPPHAYAPAYAN IN ADJUDICATION PROCEEDINGS: AN ANALYTICAL STUDY OF THE EVIDENCE ACT OF RATTANAKOSIN ERA 113

Abstract

This article presents a legal analysis of the Evidence Act R.S. 113, a crucial law that established the principles of evidence in the traditional Siamese legal system. This Act classified witnesses into three types: Thippayayan, Udonpayan, and Uttaripayan. Thiphayapayan were individuals holding high positions within the royal court, noblemen, or those who were renowned and highly respected within the community. The credibility of a thiphayapayan was not invariably assessed based on factual information they had directly witnessed but rather stemmed from the confidence placed in their integrity, probity, and honor. However, with the influence of Western law, the Siamese legal system shifted, placing greater emphasis on empirical evidence than the qualities of the witness. The article aimed to study the role of Thippayayan under the Evidence Act R.S. 113 and analyze the changes in evidentiary concepts from the past to the present. Its article described the characteristics of Thippayayan and compared them with other witness types within the traditional legal framework. It further analyzed how their historical role reflected the concept of credibility and explained the current legal system's emphasis on physical evidence. Furthermore, it discussed the limitations of Thippayayan when considered as hearsay evidence, which often raises questions about the reliability of their testimony. The findings demonstrated that while Thippayayan held significant credibility historically, modern legal systems prioritize demonstrable facts over personal background in assessing witness reliability. This change reflects the evolution of evidentiary concepts and the judicial process towards greater fairness and accuracy. This knowledge can serve as a guideline for studying the history of Siamese evidence law and suggest methods for developing evidence law in line with international standards to balance empirical evidence with witness credibility in the Thai justice system.