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.
Evidence comprises anything that may be used to determine the truth of the assertion. The production and presentation of evidence depend on establishing on whom the burden of proof lays.
The judge or the jury decides if the burden of proof has been fulfilled. After it has been established who shall carry the burden of proof, the evidence is foremost gathered, collected and then presented before the court to determine its admissibility.
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.
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.
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.
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.
What is Retracted Confession
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to have 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.
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.
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.
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.
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.
1. Expert witness gives evidence of his opinion that is the ground on basis of which he has given his opinion.
Ordinary witness is a witness of fact and gives evidence of those facts which are under inquiry.
2. The expert supports his evidence by the experiments which has been performed by him in absence of opposite party.
Ordinary witness is available to opposite party for veracity.
Section 3 – Interpretation Clause.
Section 4 – May Presume.
Section 5 – Evidence may be given of facts in issue and relevant facts.
Section 6 – Relevancy of facts forming part of same transaction.
Section 7 – Facts which are occasion, cause or effect of facts in issue.
Section 8 – Motive preparation and previous or subsequent conduct.
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:-
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 Courts-martial, other than Courts-martial convened under the Army
3. Interpretation Clause. In this Act the following words and expressions are use 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, state