Law of Evidence

Law of Evidence

Historical Background of Law of Evidence

LAW OF EVIDENCE History and Development In the ancient period, there has been elaborate discussion of the rules of evidence in Sanskrit books. However, not much information is available in the Musl…

INTRODUCTION

The Indian Evidence Act 1872 extends to the whole of India except the state of Jammu and Kashmir. This Act has come into force on the first day of September 1872. The law of evidence is procedural …

Relevancy of Facts

Relevant means that which is logically probative. The rules of relevancy declare certain facts relevant. Section 5 to 55 of the Act deals with question of relevancy. Section 5: Of what fact may evi…

RES GESTAE

Sec. 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, w…

Motive preparation and previous or subsequent conduct

The conduct of any party, or of any agent to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of an…

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…

ADMISSION – Definition and Reasons for admissibility

Section 17 of the act defines Admission – An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fa…

CONFESSION

The term “confession” is nowhere defined in the Evidence Act. All provisions relating to confessions occur under the heading of “admission”. If a statement is made by a party to a Civil proceeding …

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, …