Category Archives: Law of Evidence

Law of Evidence

Exclusion of Oral by Documentary Evidence

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

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 »

The Concept of Best Evidence Rule and its Evolution in India

Introduction Best evidence rule means that for the purposes of evidence the original copy of a writing or recording or photograph must be produced before a court in order to prove its content rather than producing a copy of the same unless it is unavailable[1]. In the medieval period, the pre-Roman inhabitants thought that originally written documents are… Read More »

Accomplice

Accomplice | Overview Who is an accomplice? Accessories before the fact Accessories after the fact Testimony of an accomplice References In criminal cases many times we see that there are accomplices to the actual criminal. Evidence from accomplice is dealt with in section 133 of the Indian Evidence Act 1872. Who is an accomplice? The definition of an… Read More »

Estoppel

Estoppel | Overview Section 115 Estoppel by Record Estoppel by deed Estoppel by Conduct Estoppel by Admission Estoppel and fraud Estoppel and Res-Judicata Section 116 Section 117 Estoppel is dealt in section 115 to section 117 in the evidence act, 1872. The article attempts to explain the concept of doctrine of estoppel enshrined in the Indian Evidence Act.… Read More »

Facts which need not be proved | Law of Evidence

There are some facts which even though relevant they need not be proved, that is evidence need not be given of such facts usually because either the court knows about it or the opposite side had already admitted them. In the evidence act, these types of facts are dealt in sections 56 to 58 of the Indian Evidence… Read More »

Dying declaration | Law of Evidence

Dying declaration | Overview Section 32 It must be a statement written or verbal The statements must relate to the cause of his death The cause of the person’s death must be in question Recording of Dying Declaration Pakala Narayana Swamy v. The King Emperor (AIR 1939 PC 47) Kalawati v. State of Maharashtra The dying declaration is… Read More »

Privileged Communication

Privileged Communication | Overview Communications during marriage Official Communications Information as to Commission of Offences Professional Communication Confidential Communications with Legal Advisors In privilege communications we will be discussing Communications during marriage discussed in section 122 of the evidence act, Official communications discussed in section 124 of the evidence act, Information as to commission of offences discussed in… Read More »

Confessions | Law of Evidence

Confessions | Overview Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Statements made under promise of secrecy Statements made under deception Statements overheard Statements made when drunk Statements made without having been warned Section 30 Confession is dealt in the Indian Evidence Act in sections 24 to 30. An admission is statement oral or… Read More »