Evidence law Archives - Lawwatch : Legal Resources for Learners

SC Summarises the Law relating to Child witnesses

By K Rajasekharan 24 February 2025Evidence lawNo Comments

The Supreme Court (SC), in The State of Madhya Pradesh v Balveer Singh [2025 INSC 261], says that the testimony of a seven-year-old child witness cannot be dismissed outright because, under Section 118 of the Evidence Act, and a child is competent to testify if they can understand the questions and provide rational answers.

Comparing Signatures based on Photocopy is Sloppy

By K Rajasekharan 5 February 2025Evidence law

Comparing signatures based on photocopy, in the absence of an original document, is a “slippery slope” and should be done with great care and circumspection, says the Kerala High Court in M G Sreejith v M/s MSS Hospital & Nursing College Pvt Ltd & Another [2025:KER:5968].

Dying declaration u/s 32(1) of the Evidence Act

By K Rajasekharan 26 May 2024Evidence law

A dying declaration is a written or verbal statement made by a person, when he is facing imminent death. The declaration must be as to the cause of the declarant’s death or as to any of the circumstances of the transaction which resulted in his death.

Corroboration of Evidence u/s 157 of IEA

By K Rajasekharan 8 May 2024Evidence law

A former statement given by a witness before any authority legally competent to investigate the case at or about the time when the fact took place, needs to be proved to corroborate any later testimony (relating to the same fact or event) given by the witness in the court. Then the former statement is admitted as corroborative evidence when it is consistent with the later testimony, under Section 157 of the Indian Evidence Act.

Use of Documents under RTI as Evidence in Courts

By K Rajasekharan 17 March 2024Evidence law

The Section 65 (f) of the IEA allows certified copies permitted under the IEA or by any other law in force in India to be treated as secondary evidence. The RTI Act falls within the ambit of "any other law in force in India.” Therefore the certified copies obtained through the RTI Act can be treated as secondary evidence and can be admitted in court and they can be presumed to be true, unlike a private document.

Proving a Will when Attesting Witness is not Found

By K Rajasekharan 10 March 2024Evidence law

An instrument, such as a Will, mortgage deed, or gift deed, which needs to be compulsory attested as per law, shall not be used in evidence, unless one attesting witness has been called to the court for proving its execution, if the attesting witness is alive, living with in the sphere of the process of the court, and can give evidence, under Section 68 of the Indian Evidence Act, 1872 (IEA).

How can Signature & Handwriting be Proved?

By K Rajasekharan 9 March 2024Evidence law

The signature and handwriting of a person can be proved in the court by different ways depending on the facts of each case, as per the provisions of the Indian Evidence Act, 1882 (IEA)

Child Witnesses : Reliability of their Evidence

By K Rajasekharan 22 February 2024Criminal law, Evidence law

All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.

On Providing Oral Evidence Relating to Documents

By K Rajasekharan 18 February 2024Evidence law

Two kinds of evidence can be produced before a court : they are all statements which the court permits and all documents including electronic records produced before the court for its inspection. Normally oral evidence cannot be provided to prove contents of documents but in specified situations oral evidence can be given in proving contents of documents.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal law, Evidence law

he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.

Contradictions in Cross Examination u/s 145 IEA

By K Rajasekharan 30 October 2023Criminal law, Evidence law

The term contradiction, in criminal law, refers to the same witness making two contradicting statements in two different stages in a judicial proceeding. Such contradictions are of two kinds: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior statement and subsequent statement by a witness can also be termed as contradiction by omission.

The Art of Cross Examination

By K Rajasekharan 17 October 2023Evidence law

Cross examination is the examination of a witness in a legal proceeding by the adverse party. It takes place after examination-in-chief: the examination of a witness by the party who calls him. Cross examination is followed by re-examination: the examination of the witness subsequent to the cross examination by the party who called him.