Primary oral evidence is the evidence that has been personally heard or seen or gathered by the senses of a witness. It is called direct evidence as defined by Section 60 of the Indian Evidence Act.
Introduction For there to be justice delivered, it is important that proper procedure is followed. And it is important that the procedure followed should be
Its an instance of conclusive proof mentioned in section 41 of Indian Evidence Act 1872.
expert evidence is information or opinion given by an expert in any field that person is specialized in, which comes out to be evidence in any matter. In field of law, expert witness is a person whose opinion is accepted by judge relating to any fact or evidence.
The provisions as to exclusion of oral by documentary evidence are based on the rule of ‘best evidence’. Where the fact to be proved is embodied in a document, the document (primary or secondary evidence of it) is the best evidence of the fact. The maxim of law is whatever is in writing must be proved by the writing.
Exclusion of evidence to explain or amend ambiguous document.—When the language used in a document is, on its face, ambiguous or defective, evidence may not …
Primary evidence is often used in legal proceedings, while secondary evidence may be used to supplement or support primary evidence. Examples of primary evidence include eyewitness testimony, original documents, and physical objects, while examples of secondary evidence include books, articles, and hearsay.
Documentary evidence in the Indian Evidence Act refers to any material object that is presented to a court or tribunal as proof of a fact. It may include physical objects such as contracts, invoices, receipts, photographs, videos, audio recordings, emails, text messages and other types of written or recorded material.
Admission Confession If a statement is made by a party in civil proceeding it will be called as admission. If a statement made by a
Section 24 of the Act defines a confession as a statement made by an accused person which, “admits any fact in issue or relevant fact, and that statement will be admissible in evidence against him.
Admissions Estoppel The rules regarding admissions is laid down under Sec-17-23 & 31 of the Indian Evidence Act The rule regarding Estoppel is laid
According to Sections 17 of IEA, admission under Evidence Act refers to the voluntary acknowledgment of the existence or truth of a specific fact. It encompasses statements, whether oral, written, or contained in electronic form, that imply an inference about a fact in issue or a relevant fact
Dying declaration is admitted in evidence. The principle on which it
is admitted as evidence. Section 32 of the Indian Evidence Act, 1872, deals with dying
declaration.
The term ‘Burden of Proof’ means when a person states something and considers it to be fact he or she needs to prove the statement made by him. This is an important concept integrated in the Indian Evidence Act, 1872.