Tag Archives: 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 records and Chapter V of the Indian Evidence act deals with documentary evidence and presumptions regarding them. DOCUMENTARY EVIDENCE Section 61 This section states that if a document is… Read More »

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 witnesses which is left to be regulated by the code of civil procedure and criminal procedure. If there is no provision for a particular point… Read More »

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 confessions. INTRODUCTION Admission, as defined under section 17 of The Indian Evidence Act, 1872: “An admission is a statement, oral or documentary or contained in… Read More »

When a witness is not cross-examined on a certain point, can the said point be used in evidence in final arguments in a criminal trial? – by Poornika Kumari

When a witness is not cross-examined on a certain point, can the said point be used in evidence in final arguments in a criminal trial? From the bare reading of Section 137 of the Indian Evidence Act,1872 (hereinafter referred to as Act), the examination of the witness by the adverse party shall be called his cross-examination. According to… Read More »