Statement made under special circumstances
Introduction: It is a third exception to the hearsay rule. It consists of the statements mentioned in the section 34 to 39 of Indian Evidence
Anil Sharma HPS
December 1, 2023
Indian Evidence Act,1872
Provision regarding Hearsay Evidence
INTRODUCTION Hearsay evidence signifies the evidence heard and said. It is also known as second hand unoriginal evidence because a witness is merely reporting not
Anil Sharma HPS
December 1, 2023
Doctrine of Plea Alibi under Evidence Act
Introduction: Object of Section 11 of the Indian Evidence Act, 1872 is to admit those facts which will help in sorting fact in issue even
Anil Sharma HPS
December 1, 2023
Law of Conspiracy under Section 10 IEA
Introduction: Section 10 deals with the admissibility of evidence in a conspiracy case and is based on the theory of implied agency i.e. every conspirator
Anil Sharma HPS
December 1, 2023
Procedure of Test Identification Parade under Evidence Act
According to Section 9 Facts which establish the identity of anything or person whose identity is relevant, Where the court has to know the identity
Anil Sharma HPS
December 1, 2023
Section 9 : Facts necessary to explain or introduce relevant facts
Introduction: Sec. 9 deals with relevancy of facts which are introductory or explanatory in nature, or supports or rebuts a fact in issue or a
Anil Sharma HPS
December 1, 2023
Section 8 Indian Evidence Act: Motive, Preparation and Conduct
Introduction: Section 8 Indian Evidence Act, 1872 deals with the relevancy of motive, preparation, previous conduct (conduct of accused before the commission of offence) and
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December 1, 2023
Occasion, Cause or Effect of Facts in Issue Section 7
Facts which are the Occasion, Cause or Effect of Facts in Issue (Section 7) According to Sec. 7, the following facts are relevant.- facts which
Anil Sharma HPS
December 1, 2023
Doctrine of Res Gestae under Evidence Act 1872
Walking on the edges of the footpath, you hear a screeching voice of a woman, turn to the left and exclaim in shock “oh my god, someone help” when you witness her being robbed off by a gang of four men. Will your statement be admissible in the eyes of law?”
Section 6 of Evidence Act embodied the concept of Res Gestae.
Anil Sharma HPS
December 1, 2023
Principle of Estoppel under Evidence Act
In this article we will discuss the provision regarding estoppel as enumerated under section 115 to 117 of Indian Evidence act along with its exceptions and relevant case laws
Anil Sharma HPS
December 1, 2023
RELEVANCY OF EXTRA JUDICIAL CONFESSION
The Extra-Judicial Confession should be truthful and made voluntary without any suppression. Since it is week evidence so it must be examined by the court with proper care and caution, the proper scrutiny is required for the establishment of evidence.
Anil Sharma HPS
December 1, 2023
Oral evidence under section 59 of Indian Evidence Act
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.
Anil Sharma HPS
November 27, 2023
Judgements of Court of Justice when relevant
Its an instance of conclusive proof mentioned in section 41 of Indian Evidence Act 1872.
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November 27, 2023
Opinion of Third Person When Relevant means Expert Opinion
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.
Anil Sharma HPS
November 27, 2023
Exclusion of Oral by Documentary Evidence and its exceptions
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.
Anil Sharma HPS
November 27, 2023
Exclusion of Oral Evidence by Documentary Evidence: Ambiguity in Documents (Section 93 to 100)
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 …
Anil Sharma HPS
November 27, 2023
Difference between Primary and Secondary Evidence
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.
Anil Sharma HPS
November 27, 2023
Documentary Evidence in Indian Evidence Act
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.
Anil Sharma HPS
November 27, 2023