When court will take help of expert opinion? (section 45)
When the court has to form an opinion on the point of-
1. Foreign Law
2. Science
3. Art
4. Identity of Handwriting
5. Finger ImpressionsKEEP READING
The whole base of the Indian Evidence Act is pillared on four questions:
1. WHAT IS EVIDENCE GIVEN FOR?
Answer: Evidence is given for Facts (Facts in Issue and Relevant Facts)
Note that evidence is not given for Law.
2. HOW ARE THE EVIDENCE FOR FACTS GIVEN?
Answer: Evidence for facts is given orally called Oral Evidence or by proper documents called Documentary Evidence.KEEP READING
What is the meaning of fact discovered in regard to Section 27 of Indian Evidence Act, 1872?
Section 27 lays that if the confession of the accused is supported by the discovery of the fact then it may be presumed to be true and not to be excluded.
Section 27 is based on doctrine of confirmation by subsequent events:-KEEP READING
1. Section 74 of the Indian Evidence Act defines public documents –
Documents forming the act or records of sovereign authority namely Parliament, Legislative Assemblies, official bodies, tribunals, public officers or any part of India or of Commonwealth or foreign country.
Section 75 says that all other documents other than public and private documents.KEEP READING
The doctrine of res ipsa loquitur means “the thing speaks for itself.”
Imposing a legal interpretation, this doctrine comes forth validating the admissibility of circumstantial evidence and/or secondary evidence when there’s a lack of evidence against the defendant.KEEP READING
Evidence plays an integral part in a trial as it helps in reaching a conclusion and deliver a judgement. Evidence can be oral, documentary or in electronic form. A witness can be testified on any event that he has seen or heard.
Certain communications are protected and cannot be adduced as evidence, and are known as privileged communications. Let us learn more.KEEP READING
This easy law note tells you about the definition of evidence and the ten types of evidence mentioned under the Indian Evidence Act, 1872.KEEP READING
Section 62 says that primary evidence means the original document itself. The evidence which is not secondary is primary.
Section 61 of Evidence Act says that the content of a document can be proved by two modes – primary evidence or secondary evidence.
It means there is no other prescribed method by law for proving the content of a document.
KEEP READING
The main issue of concern is whether a confession given to police officer is admissible or not, and what is the relevancy of confession given to police.
Section 25 of the Indian Evidence Act says that a confession made to a police officer is not admissible in the eyes of the law and cannot be proved against the person who made that confession.KEEP READING
Year the Indian Evidence Act Act was passed- 1872
Date the Indian Evidence Act was enacted(meaning passed)- 15 March 1872
Date the Indian Evidence Act was commenced(meaning begin; come into action)- 1 September 1872KEEP READING
Relevant facts are those facts which are logical and relate to the facts of the case. They are admissible only if they are connected to the facts in issue.
Relevancy of facts is seen and judged from the connection they have with the case. Section 6 to section 55 of the Indian Evidence Act deals with the relevancy of facts.KEEP READING
An accomplice was defined as someone who voluntarily co-operates with, and helps others in the commission of the crime.KEEP READING
What is Admission?
Admission is a statement that may be oral, documentary, or contained in electronic form, which suggests any inference as to the fact in issue or relevant fact.
Section 17 of the Indian Evidence Act defines Admission.KEEP READING
Direct Evidence
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.
Example,
A is tried for causing grievous hurt to B with a club. C deposes to the fact that he saw the accused, inflicting the blow, which caused the grievous hurt. The evidence adduced (mentioned, pointed out, cite as evidence) by C is direct evidence.KEEP READING
A the master and B the servant, are being jointly tried for the murder of X and also after that for having made away with the dead body to hide and crime (Section 302 and 201 IPC).
B confesses about the crime during the trial.
Is this confession relevant against A? Give reasons for or against.KEEP READING
Here is a beautiful PDF for Indian Evidence Act.
This PDF is suitable for mobile phones. You will not have to zoom to read.
The PDF is exactly like bare act on this website – colourful, systematic and with section links.KEEP READING
1. Short title, extent and commencement. This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India except the State of Jammu & Kashmir and applies to all judicial proceedings in or before any Court, including Court Martial, other than Court Martial convened underKEEP READING
2. Repeal of enactments. This section was repealed by the Repealing Act 1938. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.KEEP READING
3. Interpretation Clause. In this Act the following words and expressions are used in the following sense. Unless a contrary intention appears from the context- Court- Includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. Fact- Fact means and includes- i) any thing, stateKEEP READING
5. Evidence may be given of facts in issue and relevant facts. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts which are declared to be relevant, and of no others. Note- This section shall notKEEP READING
6. Relevancy of facts forming part of same transaction. 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. Illustrations- (a) AKEEP READING
7. Facts which are occasion, cause or effect of facts in issue. Facts which are occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction,KEEP READING
8. Motive preparation and previous or subsequent conduct. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit orKEEP READING
9. Facts necessary to explain or introduce relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identityKEEP READING
10. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to theirKEEP READING
11. When Facts not otherwise relevant become relevant. Facts not otherwise relevant, are relevant, a- if they are inconsistent with any fact in issue or relevant fact. b- if by themselves or in connection with other facts they make the existence or non- existence of any fact in issue orKEEP READING
12. In suits for damages, facts tending to enable Court to determine amount are relevant. In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant. Read Indian Evidence Act in a beautiful, systematicKEEP READING
13. Facts relevant when right or custom is in question. Where the question is as to existence of any right or custom, the following facts are relevant; (a) Any transaction by which the right or custom in question was created, claimed modified, recognised, asserted or denied, or which was inconsistentKEEP READING
