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

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

Res Gestae under Section 6 of Indian Evidence Act

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

Legitimacy of a Child under Indian Evidence Act

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

Retracted Confession Under Indian Evidence Act

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

Difference Between Relevancy and Admissibility

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