This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating . The law of evidence is the same in civil and criminal proceedings Act requires in oral evidence that person who has actually perceived something. Act Info: Preamble1 - THE INDIAN EVIDENCE ACT, Part 1 Chapter 1. Section1 - Short title, extent and Commencement. Section2 - Repeal of enactments.
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THE INDIAN EVIDENCE ACT, ~. CONT'ENT. S. -Preamble. ~.'1. PartI. RELEVANCY OF }'ACl'S. CHAPTER I~-PRELIMINARY,. \ t. SJiJCTION. 1. Short title. Full text containing the act, Indian Evidence Act, , with all the sections, schedules, short title, enactment date, and footnotes. EVIDENCE. THE EVIDENCE ACT. 1. This Act may be cited as the Evidence Act. Cap. Laws. 22 of ,. 31 of S. Acts. 40 of 42 of
It sometimes refers to that which is adduced by a party at the trial as a means of establishing factual claims. This meaning of evidence is reflected in the definitional section of the Indian Evidence Act Stephen That the accused was at or about the scene of the crime at the relevant time is evidence in the second sense of his possible involvement in the crime. For instance, the prosecution may call a witness to appear before the court and get him to testify that he saw the accused in the vicinity of the crime at the relevant time. The fact-finder is the person or body responsible for ascertaining where the truth lies on disputed questions of fact and in whom the power to decide on the verdict vests. Fact-finding is the task of the jury or, for certain types of cases and in countries without a jury system, the judge.
Irrelevant Facts are Relevant! Section 11 According to this section, any irrelevant fact may become relevant if they are inconsistent with any fact in issue or relevant fact; or if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
A police officer cannot prove it against you if you confess in front of him. But you also cannot confess in front of a police officer while in custody! Section 25 and 26 According to s. However in s. Truth sits upon the lips of a dying man. Section 32 Although s. According to s. If the oral evidence refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; or if it is something that could be heard, it must be of a witness who heard it.
The oral account of a dead person interpreted by another person clearly does not comply with the rules laid down in s.
Both of these Acts suggests Person once convicted or acquitted not to be tried for same offence. Here the present of a past decision is a relevant evidence to prevent a new case to be tried. Good Boy, Bad Boy Section 53 and 54 Section 53 states that in criminal cases, the previous good character of the accused is relevant evidence.
While s. Section 74 states that a private document can become a public one if it is recorded by a public officer by the ordinary course of his duty. Therefore even a sales contract or a plaint and written statement can become a public document if it has been submitted to the court and kept in government records.
According to this section, even Khatians, statements made under s. Dad, I am your Son. Prior to the introduction of this act, the rules of admissibility of evidence in our Indian courts were based on traditional systems. The submission of evidence was hugely based on faith of a person, his social position and status in society, his community etc. In short there was no uniform method. Section 1 to Section 55 fall under Part 1. The whole base of Indian Evidence Act is pillared on four questions- 1.
Answer is- Evidence for facts are given orally called Oral Evidence or by proper documents called Documentary Evidence. Short title, extent and commencement. This Act may be called the Indian Evidence Act, It applies to all judicial proceedings in or before any court. 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 not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure. 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.
Admissibility is substantive evidence of the fact- Admissibility is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness.
Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases-.
Entries in books of account including those maintained in an electronic form, when relevant.
Entries in books of accounts including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
Illustration- A sues B for Rs. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
Previous judgments relevant to bar a second suit or trail. The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is, whether such Court ought to take cognizance of such suit or to hold such trail. A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be Keep Reading….
Opinions of experts. When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts.
Such person called experts. Illustrations- a The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
In civil cases character to prove conduct imputed, irrelevant. In civil cases, the fact that the character of any person concerned is such as to render probable or improbably any conduct imputed to him, is irrelevant except in so far as such character appears from facts otherwise relevant. In criminal cases, previous good character relevant. In criminal proceedings the fact that the person accused is of good character, is relevant. Evidence of character or previous sexual experience not relevant in certain cases.
Fact Judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Judicial Notice of fact that many blind persons have acquired great academic distinctions can be taken by court.
Related Case- Jai Shankar Prasad v. State of Bihar, Facts of which Court must take judicial notice. The Court shall take judicial notice of the following facts- 1- All laws in force in the territory of India.
Proof of facts by oral evidence. Oral evidence must be direct. Oral evidence must, in all cases whatever, be direct; that is to say- If it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;.
Proof of contents of documents.
The contents of documents may be proved either by primary or by secondary evidence. Related Case- Afzauddin Ansari v.
State of West Bengal, Narmada Agarwalla, Keep Reading…. Proof of signature and handwriting of person alleged to have signed or written document produced. Related Case- Ramkrishna Dode v. Anand, Proof as to electronic signature. Presumption as to genuineness of certified copies. The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorised there to by the Central Government: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer Keep Reading…. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents. Burden of Proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustration- a A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.