LAW OF EVIDENCE : COMPLETE E-BOOK

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CHAPTER-4

LAW OF EVIDENCE

 EVIDENCE: MEANING

 Evidence includes everything that is used to determine or demonstrate the truth of an

  • Evidence is the currency by which one fulfills the burden of
  • Admissible evidence is that which a Court receives and considers for the purposes of deciding a particular
  • Section 3 of the Indian Evidence Act, 1872 defines the term ‘evidence’.

  


DEFINITION

“Document”. ––“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations

  • A writing is a document;
  • Words printed lithographed or photographed are documents;
  • A map or plan is a document;
  • An inscription on a metal plate or stone is a document;
  • A caricature is a document

Evidence means, and includes:

  • All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under enquiry; such statements are called Oral

All documents including electronic records produced for the inspection of the Court; such documents are called Documentary Evidence.

“Proved”. –– A fact is said to be proved when, after considering the matters before it, the Court; either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

“Disproved”. –– A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

“Not proved”. –– A fact is said not to be proved when it is neither proved nor disproved. as per section 4. “May presume”. ––

LAW OF EVIDENCE IN INDIA: AN OVERVIEW

Law of Evidence in India is primarily based on the English Law of Evidence
  • Indian Evidence Act, 1872 is the governing law on the
  • It was enacted on 15th March,
  • It came into force on 1st September,
  • It contains 167 sections and one
  • The Schedule was repealed in 1938 vide Repealing Act,
  • The Act is Lex Fori, e., law of the forum.

It applies to both civil and criminal proceedings




  1. INDIAN EVIDENCE ACT, 1872: AN OVERVIEW
    • Different category of
    • Procedure of collection of
    • Preservation and use of different
    • It is common to both civil and criminal

    EVIDENCE ACT 1872: ACT NOT APPLICABLE TO

    • Proceedings under Army Act, Air Force Act, Naval Discipline
    • Arbitration
    • Departmental/ Domestic
    • Commission of
    • Administrative

     

    . ……………………….READ MORE



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