INDIAN EVIDENCE ACT

The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.

RELEVANCY OF FACTS: sections 5 to16

1) Concept of fact in issue

2) Relevancy of facts and admissibility of fact

3) Concept of Res gestae

4) Conspiracy

5) Alibi (residuary clause of relevancy)

ADMISSIONS AND CONFESSIONS: SECTION 17 TO 31

Section 17: Admission defined

Section 24:Confession caused by inducement, threat or promise when irrelevant in criminal proceedings

Section 25: Confession to police officer not to be proved

Section 26:Confession by accused while in custody of police not to be proved against him

Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence

Section 31: Admission not conclusive proof, but may estop

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES: DYING DECLARATION: SECTIONS 32 AND 33

Section 32: Dying declaration

1. Evidentiary value of dying declaration

2. Essential conditions of a valid dying declaration

3. When a dying declaration is considered as not admissible

Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES: sections 34 TO 38 HOW MUCH OF A STATEMENT IS TO BE PROVED:

Section 39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT: sections 40 to 44

Circumstances under which previous judgments are relevant

Judgment in rem

OPINIONS OF THIRD PERSONS WHEN RELEVANT: sections 45 to 51

1) Evidentiary value of expert opinion

2) When opinion as to electronic signature is relevant

3) Relevance of DNA test evidence in India, after Sheena Bano murder case

CHARACTER WHEN RELEVANT: sections 52 to 55

FACTS WHICH NEED NOT BE PROVED: sections 56 to 58

ORAL EVIDENCE: section 59 and 60

1) Hearsay evidence and it’s exception

DOCUMENTARY EVIDENCE: sections 61 to 90A

1) Concept of mode of proof and standard of proof

2) Retracted confession

3) Narco analysis test

4) Verification of digital signature

5) Primary evidence

6) Secondary evidence and its admissibility

7) Electronic record and its admissibility

8) Attestation of documents

PUBLIC DOCUMENTS: sections 74 to 78

PRESUMPTIONS AS TO DOCUMENTS: 79 to 90A

THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE: sections 91 to 100

1) Latent and patent ambiguity

BURDEN OF PROOF: sections 101 to 114A

Section 101: Burden of proof

a) Onus Probandi

b) Relevancy and admissibility of tape recorded statements

Section 102: on whom burden of proof lies

Section 112: birth during marriage, conclusive proof of legitimacy

Section 113A: presumption as to abetment of suicide by a married woman

Section 113B: presumption as to dowry death

Section 114: Court may presume existence of certain facts

Section 114A: presumption as to absence of consent in certain prosecution of rape

ESTOPPEL and its kinds

Section 115: Estoppel

Section 116: Estoppel of tenant; and of license of person in possession

Section 117: Estoppel of acceptor of bill of exchange, Bailee or licensee

WITENESSES AND PRIVILIGED COMMUNICATIONS: sections 118 to 134

1) Meaning of privileged communication

2) Witnesses and its kinds

3) Principle of saluspopulisupremalex

4) Professional communications

5) Accomplice

a) Evidentiary value of testimony of an accused

b) Concept of approvers and accomplices

6) Maxim “Evidence has to be weighed and not counted”

EXAMINATION OF WITNESSES AND IT’S ORDER: section 135 to 166

Section 141: leading questions

Section 146: questions lawful in cross examination

Section 154: Hostile witness

Section 155: impeaching credit of witness

Section 156: questions tending to corroborate evidence of relevant facts, admissible

Section 157: Former statements of witness may be proved to corroborate later testimony as to same fact

Section 158: What matters may be proved in connection with proved statement relevant under section 32 or 33

Section 159: refreshing memory

IMPROPER ADMISSION AND REJECTION OF EVIDENCE

Section 167: no new trial for admission or rejection or evidence