Beruflich Dokumente
Kultur Dokumente
Law of Evidence
Compiled by : Mohammed Abdul Kareem,
Emal : wecare.ak@gmail.com ; lawstudentsfederation@gmail.com
Phone : 7799224814
Evidence Act
Law is divided into two categories and it is substantive law and procedural
law. The object of law is creation of Legal rights and to enforce it. Law of
evidence in administration of justice are of high importance.
Salient feature:-
1. It is codified law
2. It was drafted by second law commission established in 1853 and
came into force from 1872 since British period.
3. There is detail relating to evidence in Kantilya Shastra, Manusmiriti,
Yajnvalkya.
4. There are 167 sections in evidence act.
5. It is applicable in all type of cased which include civil and criminal
cases.
6. It is also applicable before Tribunal, tax, authorities, executive
Magistrates, lok adalats and all administrative authorities.
7. It is oral or in writing or in form of documents.
8. Any number of witnesses are allowed.
9. Witnesses are examined and cross examined.
10. In royal charter of Britishers also importance was given to
evidence.
11. In Mofussil courts and Adalats also evidence was recorded
12. IN 1835 first attempt was made to enact and codify evidence
Act.
13. In 1835 first evidence act was enacted.
APPLICABILITY
UNIT – I
Ans: - Relevancy of facts mean all the facts which court may consider to
prove of section 5. It includes legal relevancy and Logical relevancy.
There are number of provisions about relevancy of facts specified from
section 6-16 of evidence Act. Relevancy is not proof but means to
establish proof. These facts are as follows.
Res Gastae
Ex.
1. A broke lock of the house and committee crime to steal articles and
also killed one family member. A has committed crime of theft,
Criminal trespass and Murder. It is committed in some transaction
and according to Res Gastae there is one trial for all offence.
2. A Committed theft of 10 scooters at different places and on different
occasion or dates. Res Gastae is applicable to treat it as one act to
file charge sheet and conduct trial.
Ex.
1. A relative stayed at right time and went away in the morning. Later
on it is found that some articles are missing. Because of occasion
and opportunity there is relevancy that ‘A’
2. There is enmity between A and B. Later ‘A’ invited B for dinner and
after taking dinner B died in suspicious circumstance. There is
relevancy that A might have committed murder of B due to occasion,
opportunity and effect.
Ex. A girl disappeared from college. She had fast friendship with
particular boy in introduction of fact, some persons have seen them on
railway station is explanation and boy also disappears from same day
in support. There is relevance.
Example.
Amount of damages.
Right or Custom
When there is dispute then rights and customs have relevancy. According
to Nature of dispute it is considered and decided by the court.
Example.
Historical Background
State of mind includes ill will, negligence bad intention, fear, overacting.
Bodily feeling is reaction on body having relevancy.
Example.
1. Police officer goes to ‘A’ for interrogation. By seeing Police ‘A’ ran
away. This state of mind have relevancy.
2. A gives a low to B at the time of quarrel later on B found fracture in
x ray report.. It has relevancy and it is grievous hurt.
Course of Business
When any party, officer makes entry in record, register and documents
then it has relevancy even though there is no signature of party.
Example.
Unit - II
Example.
Examples.
Unit -II
The term dying declaration has been explained from sections 32(1)
to 32(b) of evidence act.
Dying declaration is not conclusive proof for conviction but court given
opportunity to opposite party to disprove it at the time of criminal
proceedings.
4. Victim who has undergone trauma knows better than others and he
has first-hand information of the incident.
5. There is moral and religious pressure on the mind of such person
and there is no reason to disbelieve him.
Provisions relating to dying Declaration
1. It is recorded when victim is serious as there is possibility of his or
her death.
2. It may be recorded by police officer, doctor or any respectable
person but not relative or interested party.
3. Medical expert have to certify that his mental condition is prover and
he is in the position to give his declaration.
4. Dying declaration cannot be recorded by victim is in coma or
abnormal mental condition
5. It can be recorded in question answer manner or summary manner
6. It is taken into writing and his signature or thumb impression to be
taken on it after reading it before him.
7. It has to be attested by two witnesses.
8. If dying declaration is given under threat pressure, influence then
again fresh dying declaration is recorded.
9. If victim is not acquainted with the language known to parties then
translator to be arranged to translate his declaration.
10. If victim is unable to speak but he wants to say facts by
gestures or expression then it is also recorded.
11. If victim is in position to write then he is allowed to give it in
writing.
12. Dying declaration is valid up to 6 months and if such person is
alive then again fresh dying declaration can be recorded.
Extra Question
Question:
1. Dying declaration
Example.
Ex.
UNIT-III
Kinds of Expert
1. Medical Expert
This expert is enrolled under Medical council Act. He should have
degree in particular medical field and super speciality. In many
cases, medical expert has to give opinion when it is referred to him.
Medical expert gives opinion in the matters such as simple hurt and
grievous hurt. Cause of death, unsound mind, impotency, rape,
adultery, age and nature of injury. It is helpful in investigation and
trial of the case.
2. Chemical analyser
This expert have specialisation in particular science subject. When
there is adulteration in food stuff, oil, pulses, and articles of human
consumption then chemical analyser gives report on basis of testing
and experiment. Such persons are appointed in the laboratories.
They also give report relating to duplicate medicine and other matter
injurious to public health. Food adulteration inspectors book the
cases under Food adulteration Act 1954 and court dispose it on the
bases of report of Chemical analyser.
3. Archaeologist
This expert is in historical matter, when dispute arises in such matter
then it is referred to particular experts.
Ex. This expert gives opinion in the matter of historical places, coins,
idols, statutes, old painting and hidden treasury.
4. Explosive expert
This expert given opinion in the matter of explosives used in crime,
arms, weapons ammunition. It helps in investigation.
5. Finger Print expert
When finger prints of accused then it is tallied with other fingers
prints suspicious person. When there is finger on document but
party challenge it then opinion is only helpful to dispose case. It
given on basis of microscopic observation.
6. Signature expert
7. Handwriting expert
Hand writing of every person differs from each other. When it
is challenged then expert opinion may be obtained. If a suicide note
found in pocket of dead person then it has to ensure whether it is
writing of deceased person or not, to decide the case.
Hand writing is proved on bases of various methods and last
method is expert.
1. Judge make comparison of writing himself and decide it.
2. It is shown to other parties to ensure whether writing is of
same person or not.
3. By verification of signature after such writing of the party.
4. By taking witness of the person who has seen him while
writing it.
5. By taking witness of the person or person who are
acquainted with particular writing of the person.
6. When above methods are not free from suspicion then
Judge may refer it for expert opinion.
3. Expert has to file relevant record and document in the court for
forming the opinion.
4. Expert has to attend court when summoned and subject himself
for chief and cross.
5. Expert have to give opinion with certainty and confidence and it
should not be vague.
6. He has to answer question to clarify his stand and opinion.
7. He can verify the record at the time of examination in court.
UNIT - III
When any party approach the court for remedy. It is also called as
onus of proof. It shift from party to party depend on their admission and
denials. If no proof is given then it is not proved and there is possibility of
dismissal of the case. Proof is given on bases of evidence and difference
kinds of evidence are recognised and allowed under evidence act. Such
detail has been proved from sections 59 to 100 of the Act. It is difficult to
give proof unless there is base of evidence.
Kinds of Evidence
1. Oral Evidence.
2. Hearsay evidence.
3. Documentary evidence
5. Circumstantial evidence
6. Expert Evidence.
Oral Evidence
court.
vii. It should be given with certainty and confidence and not vague
or uncertain
Hearsay evidence.
It is weal type of evidence and court may allow it if there is not direct or
ii. It pass on from person to persona and there may not be originality
authorities.
Documentary evidence
includes any letter writing, photo, certificate, map, plan chart, publication,
Kinds of documents.
1. Private documents
2. Public documents
3. Ancient document
specified.
permission of Judge.
circumstance such as
vi. It is destroyed.
Circumstantial evidence
Expert Evidence
some cases.
These are the different kinds of evidence required for proof of cases in the
court.
UNIT - IV
presumptions of facts.
Burden of proof is also called as onus of proof which shift from party
to party. In many cases burden of proof is on first party. When there are
presumptions of the court then it directly shift to second party and not first
party. Details of Burden of proof has been specified from sections 101 to
114 of the Act. If facts are admitted then it need not be proved. If its s
rejected or denied then there is burden of proof on party who claims its
existence.
Legal Right
When any party wants to enforce his legal right though court has to prove
it.
Ex. A files a case that he has legal right to claim seat in reservation
category of B.C or S.C. He has to produce case certificate and prove his
right.
Liability
Example. A files a case against B that he has Given 10,000 Rs Loan and
he has liability to repay it. A has to prove Loan transaction and liability of
Ownership
Owner can deprive illegal possession of other party. When any person is
possession then owner can deprive but burden of proof is on owner and
not possessor.
can deprive his possession and take back the ring but he has to prove his
ownership.
Negligence
in treatment.
Relationship
Criminal Charges
When police officers have framed criminal charges against a person then
they have to prove. Prosecution have to prove criminal charges which they
Example. Police Officer, filed charge sheet that ‘A’ committed murder of B
Defence
Ex. Defence advocate takes defence that his client was unsound mind
on him.
Knowledge of Fact
prove it.
Ex. Passenger has to prove that he purchase ticket and produce it.
Customer submit that he has paid electricity bill, college telephone bill,
Good Faith
When a party claims that he has committee particular act in good faith and
Ex. Examiner have given less marks then he has to prove that it is in good
Will
When a party claims property stating that testator has given it to him under
Presumptions
1. Ancient Document
2. Disappearance
3. Legitimacy
is illegitimate.
under section 498-A IPC then there is presumption that it is true and
5. Rape
6. Suspicious death
Unit – IV
What do you mean by estoppel and its kind and provisions? How it
fact then subsequently he is not allowed to deny it. Every party have to
Proceedings and not criminal cases. Detail of Estoppel has been specified
Object of Estoppel
cannot be reliable.
denial
the court
amended.
Kinds of Estoppel
1. Estoppel by record
university record.
2. Estoppel by deed
When any document is executed between parties then all terms and
deed.
4. Estoppel by conduct
Ex.
his conduct to allot him work and court applies estoppel against
5. Estoppel by Judgement
6. Estoppel by negligence
Ex.
ceiling Act. Later on he cannot revoke sale stating that he has not
according to estoppel.
9. Estoppel by waiver
Ex.
according to estoppel
estoppel.
already filed.
believed.
EXTRA Question
CR.P.C.
Autrefois Acquit
should not be risk of trial for more than one time for one crime
acquittal after trial but an end for re-trial again even though there
offence.
Autrefois Convict
Jurisdiction?
2. Jurisdiction of powers.
4. Concurrent Jurisdiction.
Territorial Jurisdiction
Jurisdiction of Powers
Judges of criminal courts have been delegated powers under
Ex. ‘A’ and B performed marriage in Hyderabad but they are living
Delhi then she can give complaint under section 498-A at Delhi.
Hyderabad but they are residing at Delhi and court at Delhi have
Concurrent Jurisdiction
Jurisdiction of both the courts. In such case any court can extent
Jurisdiction and conduct trial. High Court can also give such
Example. : A have done kidnapping of ‘b’ from Hyderabad and his dead
kidnapping has been done from Hyderabad and murder has been
committed in Bangalore.
A have committed theft in Hyderabad and sold stole articles in pune which
Estoppel
Rule of estoppel has been specified form section 115 to 117 of Evidence
estoppel.
Unit – V
It is general rule that all witnesses and parties are competent to give
evidence in the court. There are some witnesses who are treated as
evidence and if he gives it then Judge may reject it or may not admit it by
understand the question and reply it after rational thinking. Judge can test
the child by putting general questions. If child has not developed mental
witness.
memory power and also mental Balance. If a person lost his mental
longer period.
Dumb Witness
is incompetent.
Deaf Witness
Judge or Magistrate
in that matter. Same person should not witness as well judge in same
Privilege communication
refuse to answer questions or to disclose the facts. There are three kinds
of privilege communications.
1. Matrimonial communication.
2. Professional communication
3. Official communication
Matrimonial communication
Example. Husband has committed theft and wife knows it. She cannot be
any facts. This provision is also applicable for family members against any
other members.
Professional communication
of facts otherwise it may have adverse effect on his client and his interest.
client. Advocate knows that his client has committed crime but he has
Doctor has privilege to refuse to disclose this fact in court even though he
is competent witness.
Official Communication
There are some secret matter of government and public which have to be
incompetency of witnesses.
Unit – V
justice.
form opinion.
Kinds of examinations
2. Cross examination
3. Re-examination
Chief Examination
witness in the court. If plaintiff calls the witness then he conducts chief
question answer.
suggested.
itself which witness can answer it should be asked as what was the
time when you saw the crime. Objection of leading question can be
Cross Examination
manner.
be obtained on it.
6. Relevant and additional question can be asked for which judge can
betting satta.
RE-Examination
witness again for second time voluntarily or on request for any party
When Judge is transferred and new Judge wants that any key witness or
trustworthy nature.
When a new fact or information comes to notice of party of the case or the
court such as clothes, article knife which is relevant in the criminal act and
case.
memory means to recollect the facts relevant in the case witness is not
- - The End - -