Section 91 to 100 of the Indian Evidence Act, 1872 lays down provision relating to exclusion of oral by documentary evidence. This rule is based on the principle that the best evidence, of which th…
Law of Evidence
Law of Evidence
Documentary Evidence and Presumptions as to Documents
INTRODUCTION As per section 3 of the Indian Evidence Act, ‘all documents produced for the inspection of the court; such documents are called documentary evidence.’ These also include electronic rec…
Expert Evidence and Relevancy of Character
Expert evidence and relevancy of character are dealt under section 45 to section 55 of Indian Evidence Act. Expert Opinion The courts have been accustomed to act on the opinion of experts from the …
Burden of Proof and Presumptions Under Law Of Evidence
INTRODUCTION In a legal proceeding, the question as to which out of the two parties has to prove a fact is answered with the question, on which party does the burden of proof lie. The court does no…
Facts Which Need Not Be Proved – Provisions and Case Laws
Section 56 to 58 of the Indian Evidence Act, 1872 lays down provision relating to facts which need not be proved. Here are the facts which should not be proved in any court of law. 1. FACTS JUDICIA…
Examination of Witness
INTRODUCTION Chapter X of part III of the Indian Evidence Act, 1872 deals with the examination of a witness. Section 135 lays down the order to be followed in production and examination of witnesse…
Judgment Of Courts Of Justice When Relevant Under Law of Evidence
Section 40 to 44 of the Indian Evidence Act, 1872 lays down provision relating to judgments of the Court of Justice, when relevant. Sections 40 to 43 deal with the subject of relevancy of judgments…
Dying Declaration – Meaning, Explanation and Case Laws
INTRODUCTION: Dying Declaration means a statement made regarding the cause of his death or the circumstances of the transaction which resulted in his death by a person on death bed. In Uka Ram v. S…
Admission and Confession
As the definition of admission is also applicable to that of confession and confession comes under the topic of ‘admission,’ it can be inferred that admission is a broader term and it covers …
Important Definitions Under Law of Evidence
One great object of the Evidence Act is to prevent laxity in the admissibility of Evidence Act and to introduce a more correct and uniform rule of practice than was previously in vogue. This articl…
Relevancy of Facts
Introduction Not everything holds value in the court of law, only certain events, physical or abstract that are brought to court’s notice, through legal means, hold relevancy. Every event is a fact…
An Introduction To The Law of Evidence in India
BRIEF HISTORY OF LAW OF EVIDENCE In order to trace the history of the Law of Evidence in our country, we have to see three different periods: Ancient Hindu Period, Ancient Muslim Period and British…
ACCOMPLICE EVIDENCE
An accomplice means a person who has taken part in the commission of a crime. When an offence is committed by more than one person in concert, every one participating in its commission is an accomp…
PRESUMPTION OF FACTS
Section 114: Court may presume existence of certain facts– The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of na…
DYING DECLARATION
Section 32- Cases in which statements of relevant fact by person who is dead or cannot be found etc. is relevant– Statement written or verbal, or relevant facts made by a person who is dead, …