Category Archives: Law of Evidence

Law of Evidence

Oral and Documentary Evidence

Oral and Documentary Evidence | Overview Oral evidence Documentary evidence Electronic records Video conferencing Electronic records Public Documents Private documents This article explains the concept of Oral and Documentary Evidence including its kinds. Chapter 4 of the Indian Evidence Act, 1872 deals with oral evidence and chapter 5 deals with documentary evidence. Oral evidence Section 59 and 60… Read More »

Relevancy of Opinions of Third Parties

Relevancy of Opinions of Third Parties | Overview Section 45 When expert opinion is not consistent with a direct witness (eye witness) Can an expert be tried for perjury? Scientific and expert evidence Section 45A Section 46 Section 47 State of Gujarat v. Vinaya Chandra Chhota Lal Pathi Section 47A Section 48 Section 13 Section 49 Section 50… Read More »

Important Definitions under Indian Evidence Act, 1872

Important Definitions under Indian Evidence Act, 1872 | Overview Court Fact Relevant Facts in Issue Evidence References Section 3 of the Indian Evidence Act, 1872, defines certain important terms which must be understood in order to facilitate a better interpretation of the provisions of the Act. Let us look at some of these important definitions. Court The term… Read More »

Doctrine of Res Gestae

Doctrine of Res Gestae | Overview Introduction History Under Indian Law Test for Applicability Widening Scope Criticism Conclusion Introduction ‘Res Gestae’ is a Latin term which can roughly be translated to ‘things done’.[1] The concept of res gestae has emerged from the belief that certain acts or statements, which may otherwise be irrelevant and inadmissible, may be admitted… Read More »

The Law of Evidence: An Introduction

The Law of Evidence: An Introduction | Overview Meaning and Definition During Ancient India (Hindu Law of Evidence) Witnesses Confessions Circumstantial Evidence Rules of Evidence under Muslim Rulers British India This article focuses on a brief introduction of the Law of Evidence. The corpus juris or body of laws is generally divided into two types of laws- Substantive… Read More »

Motive, Preparation and Conduct

Motive, Preparation and Conduct | Overview Motive Preparation Conduct Conclusion References Let us discuss the concepts of motive, preparation and conduct in further detail in light of the provisions of section 8 of the Evidence Act. As per section 8 of the Indian Evidence Act, 1872, the motive with which a person commits a certain act or the preparation which he… Read More »

When Facts not otherwise Relevant become Relevant

Section 11 of the Indian Evidence Act, 1872, provides for situations in which facts otherwise not relevant may become relevant. It reads as, “Facts not otherwise relevant are relevant –– (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or… Read More »

Law Relating to Presumption

Law Relating to Presumption | Overview May Presume Shall Presume Conclusive Proof Conclusion References The term “presumption” refers to an affirmative or non-affirmative illation pertaining to a doubtful fact or proposition and drawn by following a process of probable reasoning from something substantive.[1] Section 4 of the Indian Evidence Act, 1872, enunciates the law of presumption. It defines… Read More »

Conspiracy under the Indian Evidence Act, 1872

Conspiracy under the Indian Evidence Act, 1872 | Overview Provision Principle Scope & Application The fact is relevant in so far as References A conspiracy is entirely a secret affair. When two or more persons enter into an agreement to do an unlawful act or to do a lawful act in an unlawful manner, there is said to… Read More »

Distinction between Relevancy and Admissibility

Relevancy is the ultimate touchstone for determination of the admissibility of evidence.[1] It is due to this fundamental rule of the Law of Evidence that the terms ‘relevancy’ and ‘admissibility’ are often used interchangeably. It must be noted that both the concepts are quite distinct from each other.[2] For instance, a confession made by an accused to his… Read More »