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

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 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.Keep Reading

Direct and Circumstantial Evidence

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

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. It applies to all judicial proceedings in or before any court. It also applies to courts martial (other than Courts-martialKeep 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 This section was repealed by the Repealing Act 1938.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

6. Relevancy of facts forming part of same transaction. 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. Illustrations- (a) AKeep Reading

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,Keep Reading

8. Motive preparation and previous or subsequent conduct. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit orKeep Reading

9. Facts necessary to explain or introduce relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identityKeep Reading

10. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to theirKeep Reading

11. When Facts not otherwise relevant become relevant. Facts not otherwise relevant, are relevant, a- if they are inconsistent with any fact in issue or relevant fact. b- if by themselves or in connection with other facts they make the existence or non- existence of any fact in issue orKeep Reading

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, systematicKeep Reading

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 inconsistentKeep Reading

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,Keep Reading

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 personKeep Reading

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. TheKeep Reading

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 evidenceKeep Reading

18. Admission by party to proceeding or his agent. Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to made them, are admissions. By suitor inKeep Reading

19. Admissions by persons whose position must be proved as against party to suit. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to suchKeep Reading

20. Admission by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.  Illustration- The question is, whether a horse sold by A to B is sound.Keep Reading

21. Proof of admission against persons making them, and by or on their behalf. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they con not be proved by or on behalf of the person who makes them orKeep Reading