Indian Evidence Act’s four most important questions

The whole base of Indian Evidence Act is pillared on four questions-
1. WHAT IS EVIDENCE GIVEN FOR?
Answer is- 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 is- Evidence for facts are given orally called Oral Evidence or by proper documents called Documentary Evidence.Keep Reading

Section 1-4 of Indian Evidence Act

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.
It applies to all judicial proceedings in or before any court. It also applies to courts martial (other than Courts-martial convened under The Army Act, The Naval Discipline Act, The Indian Navy (Discipline) Act,1934 and The Air Force Act.)

This act DOES NOT apply to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator.Keep Reading

Section 5-16 of Indian Evidence Act

THE RELEVANCY OF FACTS. 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 not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.

Illustrations-
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.Keep Reading

Section 17-31 of Indian Evidence Act

ADMISSION. 17. Admission defined.
An admission is a statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.

Comment:
Admissibility is substantive evidence of the fact-
Admissibility is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness.Keep Reading

Section 32-33 of Indian Evidence Act

32. Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant.
Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases- 

(1) When it relates to cause of death – When the statement…Keep Reading

Section 34-38 of Indian Evidence Act

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES. 34. Entries in books of account including those maintained in an electronic form, when relevant.
Entries in books of accounts including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. 

Illustration-
A sues B for Rs. 1,000, and shows entries in his account-books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.Keep Reading

HOW MUCH OF A STATEMENT IS TO BE PROVED

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.Keep Reading

JUDGMENTS OF COURTS OF JUSTICE, WHEN RELEVANT

40. Previous judgments relevant to bar a second suit or trail.
The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is, whether such Court ought to take cognizance of such suit or to hold such trail.

41. Relevancy of certain judgments in probate etc  jurisdiction.
A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to beKeep Reading

OPINIONS OF THIRD PERSONS WHEN RELEVANT

OPINIONS OF THIRD PERSONS WHEN RELEVANT. 45. Opinions of experts.
When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts.
Such person called experts. 

Illustrations-
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.Keep Reading

CHARACTER WHEN RELEVANT

CHARACTER WHEN RELEVANT. 52. In civil cases character to prove conduct imputed, irrelevant.
In civil cases, the fact that the character of any person concerned is such as to render probable or improbably any conduct imputed to him, is irrelevant except in so far as such character appears from facts otherwise relevant.

53. In criminal cases, previous good character relevant.
In criminal proceedings the fact that the person accused is of good character, is relevant.

53A. Evidence of character or previous sexual experience not relevant in certain cases.Keep Reading

Section 56-58 of Indian Evidence Act

FACTS WHICH NEED NOT BE PROVED. 56. Fact Judicially noticeable need not be proved.
No fact of which the Court will take judicial notice need be proved.

Comments:
Judicial Notice of fact that many blind persons have acquired great academic distinctions can be taken by court.
Related Case- Jai Shankar Prasad v. State of Bihar, 1993

57. Facts of which Court must take judicial notice.
The Court shall take judicial notice of the following facts-
1- All laws in force in the territory of India.Keep Reading

ORAL EVIDENCE

ORAL EVIDENCE. 59. Proof of facts by oral evidence.
All facts, except the contents of documents or electronic records may be proved by oral evidence.

60. Oral evidence must be direct.
Oral evidence must, in all cases whatever, be direct; that is to say-
If it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it;
If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

Keep Reading

DOCUMENTARY EVIDENCE

DOCUMENTARY EVIDENCE. 61. Proof of contents of documents.
The contents of documents may be proved either by primary or by secondary evidence.

Comment:
(a) A man may lie but a document will never lie.
Related Case- Afzauddin Ansari v. State of West Bengal, 1997

(b) Admission of a document amounts to admission of its contents and not its truth.
Related Case- Life Insurance Corporation of India v. Narmada Agarwalla, 1993Keep Reading

Section 67-78A of Indian Evidence Act

67. Proof of signature and handwriting of person alleged to have signed or written document produced.
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.

*Admissibility- Non-examination of executants of receipt admissibility of receipts not proper.
Related Case- Ramkrishna Dode v. Anand, 1999

67A. Proof as to electronic signature.Keep Reading

PRESUMPTIONS AS TO DOCUMENTS

PRESUMPTIONS AS TO DOCUMENTS. 79. Presumption as to genuineness of certified copies.
The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorised there to by the Central Government:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officerKeep Reading

EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

91. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents.
When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained. Keep Reading