Indian Evidence Act,1872

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.


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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.


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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.


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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.


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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.


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