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.
Section 3 – Interpretation Clause.
What is the evidentiary value of accomplice evidence?
R.K Dalmia vs. Delhi Administration, 1962
An accomplice was defined as someone who voluntarily co-operates with, and helps others in the commission of the crime. He is said to be ‘particeps criminis’ – a participator in the actual crime.
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. 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.
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 repudiates (reject, disown, abandon, renounce, refuse to accept or be associated with) 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.
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
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,
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, systematic
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 inconsistent
14. Facts showing existence of state of mind or of body or bodily feeling. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling,
15. Facts bearing on question whether act was accidental or intentional. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrence, in each of which the person
16. Existence of course of business when relevant. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations- (a) The question is, whether a particular letter was dispatched. The
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