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

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

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

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

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

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.
KEEP READING

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