What Is Documentary Evidence?
Documentary evidence is the second way of proving the facts, and in this law note, you will learn everything about it.KEEP READING
Documentary evidence is the second way of proving the facts, and in this law note, you will learn everything about it.KEEP READING
Witness is a person who witnesses any act or series of acts or a scene taking place. Here are 6 important types of witnesses.KEEP READING
This concise law note helps you learn about the competency of the witnesses under the law of evidence in India.KEEP READING
Oral evidence is when a fact is proved by presenting witnesses who can testify to it. This law note talks more about it.KEEP READING
Here’s an overview of Bharatiya Sakshya Adhiniyam, a transformative legislation introduced in 2023 to amend the Indian Evidence Act, 1872.KEEP READING
This important law note will help you understand the concept of relevant facts under the Indian Evidence Act of 1872.KEEP READING
This brief law note deals with the fundamental key points of the Indian Evidence Act that a law student or advocate must keep in mind.KEEP READING
When the party’s own witness denies to give statement in his favour before the court, then it is said that the witness has become hostile.KEEP READING
Hearsay evidence means any information which a person gathers or collects from a person who has first-hand knowledge of that fact or information.KEEP READING
4. May Presume- Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Shall presume– Whenever it s directed by this Act that the Court shall presumeKEEP READING
112. Birth during marriage, conclusive proof of legitimacy. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is theKEEP READING
In this law article, you will learn about the loopholes in section 112 of the Indian Evidence Act, 1872.KEEP READING
In this law note, we discuss important case laws relating to dying declaration under section 32(1) of the Indian Evidence Act, 1872.KEEP READING
Estoppel is a legal bar that disallows a party to say that a certain statement of fact is untrue, whether in reality it is true or not.KEEP READING
Learn what is patent ambiguity (sections 93 and 94 of the Evidence Act) and latent ambiguity (Sections 95 to 98 of the Act).KEEP READING
Impeaching credit of a witness means to shake the reliability of the evidence given by the witness. This IEA law note tells you all about it.KEEP READING
Section 159 of the Indian Evidence Act deals with the concept of refreshing memory. This law note tells you everything about it.KEEP READING
159. Refreshing memory. A witness may, while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in hisKEEP READING
The burden of proof lies upon who asserts, not who denies. Chapter VII of the Act deals with the burden of proof from sections 101 to 114A.KEEP READING
Confession under Evidence Act is a statement containing an admission of guilt and not merely a statement raising the inference about such guilt.KEEP READING
Hearsay evidence is used in contradiction to direct evidence. Hearsay evidence doesn’t derive its value from the credit given to the witness himself.KEEP READING
In this article, we have discussed the statement of a person who is dead. This law note focuses on dying declaration under the Indian Evidence Act.KEEP READING
There are three major differences between an expert witness and an ordinary witness. They are as follows.1. An expert witness gives evidence of his opinion.KEEP READING
Section 6 Indian Evidence Act discusses the relevancy of facts that form part of the same transaction. Section 6 is based on the English principle res gestae, which on translation means things said and done in the course of the transaction. Hence res gestae includes act as well as a statement.
Section 6 of the Indian Evidence Act is as follows:
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.KEEP READING
Section 112 of the Indian Evidence Act lays down that:
1. the fact that a child was born during the subsistence of a valid marriage between his mother and a man, or
within 280 days after the dissolution of marriage and the mother remains unmarried,
2. this shall be conclusive proof that it is the legitimate child of that man.
Important: This provision is subject to the exception that the man and woman had no access to each other.KEEP READING
Here are the useful and important sections of the Indian Evidence Act to help you prepare for your law exams and do well in advocacy.KEEP READING
What is Retracted Confession
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to having committed the offence, but which he rejects at the trial.
Evidentiary Value of Retracted Confession
It is unsafe to base the conviction on a retracted confession unless it is corroborated by trustworthy evidence. Here are two important cases related to the evidentiary value of a retracted confession.
1. Bharat vs State of UP, 1971.
2. Manjit Singh vs CBI, 2011.KEEP READING
The rules related to relevancy are given under section 5 to 55 of the Indian Evidence Act, 1872.
The rules related to admissibility are covered in the latter part of the Evidence Act, that is after section 56.
Relevancy admires what seems to be logical and probable.
Whereas admissibility strictly follows the rules of law. Anything can’t be admitted merely because it appears to be logical.KEEP READING
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