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.Read…
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 hisRead…
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.Read…
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.Read…
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.Read…
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.Read…
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.Read…
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.Read…
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.Read…
List of Important Sections of Indian Evidence Act
2021-08-09
Here are the useful and important sections of the Indian Evidence Act to help you prepare for your law exams and do well in advocacy.Read…
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.Read…
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.Read…
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 ImpressionsRead…
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.Read…
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:-Read…
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.Read…
