Who Is a Hostile Witness Under the Indian Evidence Act?
2023-07-19
When the party’s own witness denies to give statement in his favour before the court, then it is said that the witness has become hostile.KEEP READING
What Is Hearsay Evidence Under the Indian Evidence Act and Its Exceptions
2023-01-22
Hearsay evidence means any information which a person gathers or collects from a person who has first-hand knowledge of that fact or information.KEEP READING
Section 4 Evidence Act
2022-11-02
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
Section 112 Evidence Act
2022-11-02
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
Loopholes in Section 112 of the Indian Evidence Act, 1872
2022-11-02
In this law article, you will learn about the loopholes in section 112 of the Indian Evidence Act, 1872.KEEP READING
Important Case Laws Related to Dying Declaration Under the Indian Evidence Act
2022-10-14
In this law note, we discuss important case laws relating to dying declaration under section 32(1) of the Indian Evidence Act, 1872.KEEP READING
What Is Estoppel Under the Evidence Act
2022-02-18
Estoppel is a legal bar that disallows a party to say that a certain statement of fact is untrue, whether in reality it is true or not.KEEP READING
What Is Patent and Latent Ambiguity in Indian Evidence Act
2022-02-05
Learn what is patent ambiguity (sections 93 and 94 of the Evidence Act) and latent ambiguity (Sections 95 to 98 of the Act).KEEP READING
2 Modes of Impeaching the Credit of Witness – Evidence Act
2022-01-30
Impeaching credit of a witness means to shake the reliability of the evidence given by the witness. This IEA law note tells you all about it.KEEP READING
What Is Refreshing Memory Under Evidence Act
2021-11-22
Section 159 of the Indian Evidence Act deals with the concept of refreshing memory. This law note tells you everything about it.KEEP READING
Section 159 Evidence Act
2021-11-22
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
What Is Burden of Proof Under the Indian Evidence Act
2021-11-21
The burden of proof lies upon who asserts, not who denies. Chapter VII of the Act deals with the burden of proof from sections 101 to 114A.KEEP READING
What Is Confession Under the Indian Evidence Act – Sections 24 to 30
2021-11-15
Confession under Evidence Act is a statement containing an admission of guilt and not merely a statement raising the inference about such guilt.KEEP READING
What Is Doctrine of Exclusion of Hearsay Evidence
2021-11-09
Hearsay evidence is used in contradiction to direct evidence. Hearsay evidence doesn’t derive its value from the credit given to the witness himself.KEEP READING
Dying Declaration Under the Indian Evidence Act
2021-10-25
In this article, we have discussed the statement of a person who is dead. This law note focuses on dying declaration under the Indian Evidence Act.KEEP READING
3 Differences Between an Expert Witness and an Ordinary Witness
2021-10-24
There are three major differences between an expert witness and an ordinary witness. They are as follows.1. An expert witness gives evidence of his opinion.KEEP READING
Res Gestae Under Section 6 of the Indian Evidence Act
2021-08-17
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 with Case Laws
2021-08-16
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
List of Important Sections of Indian Evidence Act
2021-08-09
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.KEEP READING
What is Retracted Confession in the Indian Evidence Act
2021-07-08
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
5 Differences Between Relevancy and Admissibility
2021-05-05
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
Opinion of Third Person When Relevant – Evidence Act Notes
2021-05-02
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
Indian Evidence Act’s Four Most Important Questions!
2021-04-23
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
How much information received from accused may be proved?
2021-04-20
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
7 Differences Between Public and Private Documents
2021-04-19
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
What is the Principle of Res Ipsa Loquitur – Indian Evidence Act
2021-04-06
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
What are Privileged Communications under the Indian Evidence Act
2021-03-28
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
What Is Evidence and Ten Types of Evidence Under the Indian Evidence Act?
2021-03-13
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.KEEP READING
