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

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

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

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 Court Martial, other than Court Martial convened underKEEP 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

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