Lawwatch

Confession under the Indian Evidence Act

Confession means

Confession, in fact, is a statement by an accused suggesting that he committed the crime charged against him. A statement must contain specific admission of guilt or all the facts which constitute the crime in order it to be considered as a confession.

Need for Strengthening Subordinate Judiciary

Strengthening subordinate judiciary – consisting of district and below level courts – is a much needed but grossly neglected reform. It has the potential to address the ever increasing problems of backlog and delay in justice dispensation and make the judiciary far more productive. A well functioning judiciary is a sine-qua-non for sustainable economic growth, investor confidence building and the overall human well being.

An Overview of Part III of the Indian Evidence Act

Introduction

Which of the contesting parties should provide evidence in a judicial
proceeding is determined on the basis of some judicial principles that
are laid down in the Indian Evidence Act. This write up is exclusively
about such principles included in Part III of Indian Evidence Act.

Certificate under 65B of the Evidence Act in a Nutshell

What the Section 65B states

The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the
information contained in an electronic record which is printed or
copied as computer output would be treated as a document without
further proof or production of the original, if the output satisfies
some stipulations stated below.

Making a Confession or Statement under 164 CrPC

Magistrate can record confession or statement

Any Metropolitan Magistrate or Judicial Magistrate, not even having
jurisdiction in the case, has the authority to record a confession or
statement made to him by a person, in the course of an investigation or
after it, but invariably prior to the inquiry or trial. This is provided
for under Section 164 of the Criminal Procedure Code, 1973 ( CrPC).

The Section allows recording of both confessions and other
non-confessional statements. It provides a special provision to record
confessions when they are made freely and voluntarily but not under any
pressure or influence. A confession so recorded is more of substantive
nature than a non-confessional statement. The mode of recording
confessions is different from that of statements.

Any confession or statement made before the Magistrate under Section 164
CrPC may be recorded by audio-video means in the presence of the
advocate of the accused person.

Need for an All India Judicial Service (AIJS) to Revitalise Indian Judiciary

Introduction

No other reform is as important as establishing an All India Judicial
Service (AIJS) in revitalising Indian judiciary. But the proposal for
setting up an AIJS, in the lines of Indian Civil Service, is hanging
fire for more than five decades despite there were several proposals and
decisions including that of the apex court, in its favour. It is quite
curious that a key judicial reform of such a magnitude remains wholly
neglected at a time when more than 5000 judicial posts are lying vacant
and as many as 2.3 crore cases are pending in the country. There is
widespread hope that AIJS can deal with great many ills Indian judiciary
face right now and revitalize it into a far more vibrant constituent of
Indian governance and democracy.

Restraining the Arrest of the Accused in 498A Cases

Enough laws exist in India to protect women from domestic, matrimonial
and sexual violence. They, according to women activists, are good only
in paper. On one hand the women continue to suffer under violence with
no much hope for the victims to have easy access to justice despite
having those laws on our statute book. On the other, some of these
provisions are largely being misused by educated and powerful sections
of disgruntled women as a sharp weapon, rather than a shield, to harass
their innocent husbands and their relatives. Even bed-ridden relatives
and those living abroad were put under arrest and detention in a quite
number of cases. The Section
498A
of Indian Penal Code (IPC)
is one such provision, now under limelight for unleashing what is called
legal terrorism.

Adultery and related Issues in Criminal Law

Introduction
Adultery means different things in law and English language. In law, it
is socially and legally objectionable sexual intercourse, voluntarily
made by a man with the wife of another person, with the knowledge that
she is a wife and without her husband’s consent or connivance.
Therefore, adultery per se is not an offence. But when it is committed
without the consent or connivance of the husband it becomes an offence.

Burden of Proof under Indian Evidence Act

Introduction

The term burden of proof, which is not defined in the Indian Evidence
Act, 1882, essentially refers to the legal responsibility of a party
in a case to prove the existence of any fact as true in a judicial
proceeding.

The burden of proof comes into play when a party wants from a court a
judgment in regard to any legal right or liability dependent on some
facts which need to be proved by him to the satisfaction of the court.
In short, the burden of proof is an obligation that the law imposes on a
party to produce evidence and prove it so as to satisfy the court in
deciding the matter in his favour or otherwise.