What is Evidence and Types of Evidence

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

Primary and Secondary Evidence

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.
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Confession in Police Custody

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.KEEP READING

Indian Evidence Act Summary

Year the Indian Evidence Act Act was passed- 1872
Date the Indian Evidence Act was enacted(meaning passed)- 15 March 1872
Date the Indian Evidence Act was commenced(meaning begin; come into action)- 1 September 1872KEEP READING

Indian Evidence Act’s four most important questions

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

Evidentiary Value of Testimony of Accomplice Turned Approver

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.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 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.KEEP READING

Direct and Circumstantial Evidence in Indian Evidence Act

Direct Evidence
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.

Example,
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.KEEP READING

Difference between Public and Private Documents

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

Differences between Ordinary Witness and Expert Witness

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.KEEP READING

Important Sections of Evidence Act

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

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 ArmyKEEP READING

2. Repeal of enactments. This section was repealed by the Repealing Act 1938. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence Act each section wise. Download beautiful, colourful PDF for Evidence Act.KEEP READING

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, stateKEEP READING

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

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 notKEEP READING