Electronic Evidence – Relevancy and Admissibility | Overview Introduction Meaning of Electronic Evidence Electronic Evidence under the Indian Evidence Act, 1872 Admissibility of electronic evidence Presumptions as to electronic evidence Conclusion Electronic evidence or digital evidence refers to any probative information amassed or transmitted in digital, handed over by the party to the court for inspection to be… Read More »
Section 112 of the Evidence Act provides for the legal presumption as to the legitimacy of the child born during the subsistence of a valid marriage or within a certain period after the dissolution of the marriage provided the mother of the child does not remarry. This section is based on the English rule that a child born… Read More »
Doctrine of Fruits of Poisonous Tree | Overview Introduction Evolution of the Doctrine and the Fourth Amendment of the U.S. Constitution Applicability of Doctrine in India Right to Privacy v. Fruits of Poisonous Tree: Analysis Conclusion The phrase “Fruits of a Poisonous Tree” is an Anglo-American common law principle. It refers to the illegal and improper procurement of… Read More »
Extra-Judicial Confessions: Admissibility, Relevance and Sufficiency | Overview Introduction Judicial Confession Extra-Judicial Confession Distinction between Judicial Confession and Extra Judicial Confession Conclusion The admissibility, relevance and sufficiency of corroboration of an extra-judicial confession and discovery of facts through a discovery statement are provided for under section 24 and 27 of the Indian Evidence Act. Section 24 of the… Read More »
Procedure for Examination of Witnesses | Overview Section 135 Section 136 Section 137 Section 138 Section 139 Section 140 Section 141 Section 142 Section 143 Section 144 Section 145 Section 146 Section 147 Section 148 Section 149 Section 150 Section 151 Section 152 Section 153 Section 154 Section 155 Section 156 Section 157 Section 158 Section 159 Section… Read More »
Presumption as to Dowry Death | Overview Section 113B Essentials ingredients of section 113B Cruelty or harassment Soon Before Suicide note Presumption as to dowry death is dealt in section 113B of the Indian Evidence Act, 1872. The article aims to explain the concept of presumption as to dowry death. The explanation to this section says that for… Read More »
Admission | Overview Types of admissions Effects of admission Admissions by a party to proceedings or his agents Statements made by Party to the proceeding Admission by defendant Admissions by persons whose position must be proved as against party to suit Admissions by persons expressly referred to by party to suit Proof of admissions against persons making them,… Read More »
Facts showing the State of Mind | Overview Scope Specific state of mind Previous Convictions Conclusion References Certain offences are culpable on the basis of the state of mind of the accused. In order to prove such offences, certain facts which show the existence of a particular state of mind are relevant and admissible as evidence. Section 14… Read More »
Exclusion of Oral by Documentary Evidence | Overview Best Evidence Rule Section 91 Section 92 Exceptions Proof of Patently ambiguous Documents Section 93 Section 94 Proof of latently ambiguous documents Section 95 Section 96 Section 97 Section 98 Section 99 Section 100 Section 91 to 100 of the Indian Evidence Act, 1872 lays down provision relating to exclusion… Read More »
Rules relating to Burden of Proof | Overview Section 101 Section 102 Section 103 Application of these sections Section 101 Application with case laws Section 102 application with case laws Section 103 application with cases Section 104 Section 105 Section 106 Section 107 Section 108 Section 109 Section 110 Section 111 Section 111A Section 112 Section 113 Section… Read More »
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