CONTENTS
CHAPTER 1
INTRODUCTION
Law of Evidence
Rules
1. Relevancy of Facts
2. Proof of Relevant Facts
3. The Production of Proof
4. The Indian Evidence Act, 1872
CHAPTER 2
INTERPRETATION
Fact
Relevant
“Facts in issue”
Distinction between Fact in Issue and Relevant fact
Document
Evidence
Kinds of Evidence
Direct Evidence
Circumstantial Evidence
Oral Evidence
Documentary Evidence
Primary Evidence
Secondary Evidence
Real Evidence
Hearsay Evidence
Exclusion of Hearsay Evidence
Judicial Evidence
Non-Judicial Evidence
Best and Inferior Evidence
Difference between Evidence in Civil and Criminal Proceedings
Exceptions
Proved, Disproved and Not proved
“May presume”, “Shall Presume” and “Conclusive proof”
(Section 4)
Conclusive proof
CHAPTER 3
RELEVANT FACTS
Evidence may be given of facts in issue and relevant facts. (Section 5)
Relevancy and Admissibility
Relevancy
Admissibility
Facts which are Legally not admissible but Logically Relevant
Difference between Relevancy and Admissibility
Relevancy of facts forming part of same transaction. (Section 6)
Res Gestae
Facts which are the occasion, cause or effect of facts in issue (Section 7)
(a) Occasion
(b) Cause
(c) Effect
(d) Opportunity
(e) State of things
Motive, preparation and previous or subsequent conduct. (Section 8)
Motive
Preparation
Previous conduct & Subsequent conduct
Statements ‘accompany and explain’ acts
Judicial decisions
Facts necessary to explain or introduce relevant facts. (Section 9)
a. Facts to explain or introduce a fact in issue or relevant fact
b. Facts which support or rebut an inference suggested by a fact in issue or relevant fact
c. Which establish the identity of anything or person whose identity is relevant
Identification parade
d. Fix the time or place at which any fact in issue or relevant fact happened
e. Show the relation of parties
Things said or done by conspirator in reference to common design. (Section 10)
When facts not otherwise relevant become relevant. (Section 11)
Alibi
In suits for damages, facts tending to enable Court to determine amount are relevant. (Section 12)
Facts relevant when right or custom is in question. (Section 13)
Facts showing existence of state of mind, or of body, or bodily feeling (Section 14)
Facts bearing on question whether act was accidental or intentional. (Section 15)
Existence of course of business when relevant (Section 16)
CHAPTER 4
ADMISSION
Admission defined (Section 17)
Admission by party to proceeding or his agent (Section 18)
1. Party to the proceedings
2. Agent
3. Party suing or sued in a representative character.
4. Person who has any Proprietary or pecuniary interest.
5. Persons from whom the parties to the suit have derived their interest in the subject-matter of
the suit.
Admissions by persons whose position must be proved as against party to suit (Section 19)
Admissions by persons expressly referred to by party to suit. (Section 20)
Proof of admissions against persons making them, and by or on their behalf. (Section 21)
Exception
When oral admissions as to contents of documents are relevant. (Section 22)
When oral admission as to contents of electronic records are relevant. (Section 22A)
Admissions in civil cases, when relevant. (Section 23)
Admissions not conclusive proof, but may estop. (Section 31)
Confession
Distinction between Confession & Admission
Types of confession
(a) Judicial confessions
(b) Extra Judicial confessions
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. (Section 24)
Confession to police-officer not to be proved. (Section 25)
Confession by accused while in custody of Police not to be proved against him. (Section 26)
How much of information received from accused, may be proved. (Section 27)
Confession made after removal of impression caused by inducement, threat or promise, relevant. (Section 28)
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. (Section 29)
Consideration of proved confession affecting person making it and others jointly under trial for same offence. (Section 30)
Not a substantive evidence
Weak evidence
CHAPTER 5
STATEMENTS BY PERSONS
WHO CANNOT BE CALLED AS WITNESSES
Cases in which statement of relevant fact by person who is dead or cannot be found, etc. (Section 32)
Section 32(1) When it relates to cause of death—Dying declaration
Dying declaration
Exception to hearsay evidence
Exceptions to Dying Declaration
Section 32(2) Made in course of business
Section 32(3) Against interest of maker
Section 32(4) Opinion as to public right or custom, or matters of general interests Section 32(5) Relates to existence of relationship.
Section 32(6) Will or deed relating to family affairs.
Section 32(7) Document relating to transaction mentioned in Section 13, clause (a)
Section 32(8) Made by several persons and expresses feelings relevant to matter in question
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated (Section 33)
CHAPTER 6
STATEMENTS MADE UNDER
SPECIAL CIRCUMSTANCES
Entries in books of account including those maintained in an electronic form when relevant (Section 34)
Oral evidence
Relevancy of entry in public record or an electronic record made in performance of duty. (Section 35)
Relevancy of statements in maps, charts and plans (Section 36)
Relevancy of statement as to fact of public nature contained in certain Acts or notifications (Section 37)
Relevancy of statements as to any law contained in law-books. (Section 38)
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. (Section 39)
CHAPTER 7
JUDGMENTS OF COURTS OF JUSTICE
WHEN RELEVANT
Previous judgments relevant to bar a second suit or trial (Section 40)
Relevancy of certain judgments in probate, etc., jurisdiction. (Section 41)
Judgment
Essential Conditions
Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41 (Section 42)
Judgments, etc., other than those mentioned in Sections 40, 41 and 42, when relevant. (Section 43)
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. (Section 44)
CHAPTER 8
OPINIONS OF THIRD PERSONS
WHEN RELEVANT
Opinion as Evidence
Opinions of experts (Section 45)
Opinion of Examiner of Electronic Evidence (Section 45A)
Facts bearing upon opinions of experts. (Section 46)
Opinion as to hand-writing, when relevant (Section 47)
Opinion as to electronic signature, when relevant (Section 47A)
Opinion as to existence of right or custom, when relevant (Section 48)
Opinion as to usages, tenets, etc., when relevant (Section 49)
Opinion on relationship, when relevant (Section 50)
Grounds of opinion, when relevant (Section 51)
CHAPTER 9
CHARACTER WHEN RELEVANT
Character - Definition
Character of witness and parties
In civil cases character to prove conduct imputed, irrelevant. (Section 52)
Exception
In criminal cases previous good/ bad character relevant. (Sections 53 & 54)
Object
Important for judging innocence or criminality
Character as affecting damages (Section 55)
Evidence of character or previous sexual experience not relevant in certain cases (Section 53A)
CHAPTER 10
FACTS WHICH NEED NOT BE PROVED
Fact judicially noticeable (Section 56)
Facts of which Court must take judicial notice (Section 57)
Section 57 and Section 114 of the Act
List Not exhaustive
Facts admitted need not be proved (Section 58)
CHAPTER 11
ORAL EVIDENCE
Proof of facts by oral evidence (Section 59)
Oral evidence must be direct (Section 60)
Oral evidence by the doctor
Hearsay evidence
Exceptions
CHAPTER 12
DOCUMENTARY EVIDENCE
Proof of contents of documents. (Section 61)
Primary evidence. (Section 62)
i. Several parts
ii. Counterpart
iii. Uniform process Secondary evidence (Section 63)
Secondary evidences
1. Certified copies
2. Copies made by mechanical processes and copies compared with such copies
3. Copies made from or compared with the original
4. Counterparts of documents as against the parties who did not execute them
5. Oral accounts of the contents of a document given by a person who has himself seen it
Proof of documents by primary evidence. (Section 64)
Objection to secondary evidence
Copies not admissible
Cases in which secondary evidence relating to documents may be given. (Section 65)
i. Original with other party.
ii. Proved to be admitted
iii. Destroyed or lost
iv. Not movable
v. Public document
vi. Certified copy
vii. Numerous account
Rules as to notice to produce. (Section 66)
Exceptions
Special provisions as to evidence relating to electronic record. (Section 65A & Section 65B)
a. Admissible as document Section 65B (1)
b. Conditions for admissibility Section 65B (2)
c. Certificate - Section 65B (4)
d. Interpretations - Section 65B(5)
Authenticity of documents (Section 67 to 71)
a. Proof of signature and handwriting of person alleged to have signed or written document produced. (Section 67)
b. Proof as to electronic signature (Section 6 7A)
c. Proof of execution of document required by law to be attested. (Section 68)
d. Proof where no attesting witness found (Section 69)
e. Admission of execution by party to attested document. (Section 70)
f. Proof when attesting witness denies the execution.(Section 71)
Proof of document not required by law to be attested. (Section 72)
Comparison of signature, writing or seal with others admitted or proved (Section 73)
Proof as to verification of digital signature. (Section 73A)
CHAPTER 13
PUBLIC DOCUMENTS
Public documents. (Section 74)
Private documents. (Section 75)
Distinction between Private and Public document Certified copies of public documents (Section 76)
Proof of documents by production of certified copies (Section 77)
Proof of other official documents. (Section 78)
CHAPTER 14
PRESUMPTIONS AS TO DOCUMENTS
Presumption as to genuineness of certified copies. (Section 79)
Presumption as to documents produced as record of evidence (Section 80)
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. (Section 81)
Presumption as to Gazettes in electronic forms. (Section 81 A)
Presumption as to document admissible in England without proof of seal or signature. (Section 82)
Presumption as to maps or plans made by authority of Government (Section 83)
Presumption as to collections of laws and reports of decisions (Section 84)
Presumptions as to powers-of-attomey (Section 85)
Presumption as to electronic agreements. (Section 85A)
Presumption as to electronic records and electronic signatures. (Section 85B)
Presumption as to Electronic Signature Certificates (Section 85C)
Presumption as to certified copies of foreign judicial records (Section 86)
Presumption as to books, maps and charts (Section 87)
Presumption as to telegraphic messages (Section 88)
Presumption as to electronic messages (Section 88A)
Presumption as to due execution, etc., of documents not produced (Section 89)
Presumption as to documents thirty years old (Section 90) Presumption as to electronic records five years old (Section 90A)
CHAPTER 15
THE EXCLUSION OF ORAL BY
DOCUMENTARY EVIDENCE
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document (Section 91)
Exception
Exclusion of evidence of oral agreement (Section 92)
Exception
Distinction between Sections 91 and 92
Evidence to explain or amend ambiguous document. (Sections 93 to 98)
The distinction between Patent Ambiguity and Latent Ambiguity
Exclusion of evidence to explain or amend ambiguous document. (Section 93)
Exclusion of evidence against application of document to existing facts (Section 94)
Evidence as to document unmeaning reference to existing facts (Section 95)
Evidence as to application of language which can apply to one only of several Persons (Section 96)
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. (Section 97)
Evidence as to meaning of illegible characters, etc. (Section 98)
Who may give evidence of agreement varying terms of document. (Section 99)
Saving of provisions of Indian Succession Act relating to wills (Section 100)
CHAPTER 16
THE BURDEN OF
PROOF & PRESUMPTIONS
Meaning of ‘Burden of Proof’
Principles of Burden of Proof
Burden of proof and Onus of proof
Burden of proof under Sections 101 & 102
Burden of proof (Section 101)
On whom burden of proof lies. (Section 102)
Burden of proof as to particular fact. (Section 103)
Burden of proving fact to be proved to make evidence admissible (Section 104)
Burden of proving that case of accused comes within exceptions (Section 105)
Burden of proving facts especially within knowledge (Section 106)
Burden of proving a person as alive or dead (Sections 107 & 108)
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. (Section 109)
Burden of proof as to ownership (Section 110)
Proof of good faith in transactions where one party is in relation of active confidence (Section 111)
Presumption
Presumptions of fact
Presumption of law
Presumption as to certain offences (Section 111A)
Birth during marriage, conclusive proof of legitimacy. (Section 112)
Proof of cession of territory. (Section 113)
Presumption as to abetment of suicide by a married woman (Section 113A)
Presumption as to Dowry Death (Section 113B)
Court may presume existence of certain facts. (Section 114)
Presumption as to absence of consent in certain prosecution for rape (Section 114A)
CHAPTER 17
ESTOPPEL
Meaning
Evolution of Doctrine of estoppel
Rule of evidence or a rule of substantive law
Estoppel (Section 115)
Conditions to invoke estoppel
Essential elements for the application of rule
Distinction between Estoppel & Res judicata
Distinction between Estoppel and Waiver
Distinction between Admissions and Estoppel
Kinds of Estoppel
(a) Estoppel by matter of record
(b) Estoppel by deed
(c) Estoppel by Pais or Estoppel by Conduct
(d) Equitable Estoppel
(e) Estoppel of Acquiescence
(f) Promissory estoppel
Difference between Estoppel and Promissory estoppel
Promise by Government & Promissory estoppel
Estoppel of tenants and of licensee of person in possession. (Section 116)
Estoppel of acceptor of bill of exchange, bailee or licensee. (Section 117)
CHAPTER 18
WITNESSES
A. Witnesses
Who may testify. (Section 118)
Child wit. less
Witness unable to communicate verbally. (Section 119)
Parties to civil suit, and their wives or husbands, husband or wife of person under criminal trial. (Section 120)
B. Privileges of Witness
Evidence by Judges and Magistrates (Section 121)
Communications during marriage (Section 122)
Official communication (Sections 123, 124 & 125)
Evidence as to affairs of State (Section 123)
1. Official record relating to any affairs of State
2. Unpublished records
3. Claim by State
Official communications (Section 124)
Information as to commission of offences (Section 125)
Professional communications
Section 126
Section 127
Privilege not waived by volunteering evidence (Section 128)
Confidential communications with legal advisers (Section 129)
Production of documents
Production of title-deeds of witness not a party (Section 130)
Production of documents or electronic records which another person having possession, could refuse to produce. (Section 131)
Criminating answers (Section 132)
Accomplice (Section 133)
Categories of Accomplice
Number of witnesses (Section 134)
CHAPTER 19
EXAMINATION OF WITNESSES
Order of production and examination of witnesses (Section 135)
Judge to decide as to admissibility of evidence (Section 136)
Examination of witness (Sections 137 & 138)
Examination-in-chief. (Section 137)
Order of examinations. (Section 138)
a. Examination-in-chief
b. Cross-examination
c. Re-examination
Cross-examination of person called to produce a document. (Section 139)
Witnesses to character (Section 140)
Leading questions (Sections 141, 142 & 143)
Rules regarding leading questions
Witness as to writing (Section 144)
Cross-examination as to previous statements in writing (Section 145)
Lawful Questions in cross-examination (Section 146)
When witness to be compelled to answer (Section 147)
Court to decide when question shall be asked and when witness compelled to answer. (Section 148)
Question not to be asked without reasonable grounds (Section 149)
Question without reasonable grounds (Section 150)
Indecent and scandalous questions (Section 151)
Questions to insult or annoy (Section 152)
Exclusion of evidence to contradict answers to questions testing veracity (Section 153)
Exceptions
Question by party to his own witness (Section 154) (Hostile witness)
Impeaching credit of witness (Section 155)
Corroborate evidence of relevant fact, admissible (Section 156)
Former statements of witness to corroborate later testimony as to same fact (Section 157)
What matters may be proved in connection with proved statement relevant under Section 32 or 33 (Section 158)
Refreshing memory (Section 159)
Testimony to facts stated in document mentioned in Section 159 (Section 160)
Section 159 & 160 Distinction
Right of adverse party as to writing used to refresh memory (Section 161)
Production of documents (Section 162)
Giving, as evidence, of document called for and produced on notice Section 163)
Production of document which was refused on notice (Section 164)
Judge’s power to put questions or order production (Section 165)
CHAPTER 20
IMPROPER ADMISSION AND
REJECTION OF EVIDENCE
No new trial for improper admission or rejection of evidence. (Section 167)
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