Indian Evidence Act Archives - Lawwatch : Legal Resources for Advocates

A Child Born Within Four Months of Marriage Would be the Legitimate Child of the Mother’s Husband

By K Rajasekharan 10 May 2026Indian Evidence ActNo Comments

Even when the birth occurs within four months of the marriage, Section 112 of the Indian Evidence Act, 1872 raises a conclusive presumption as to the legitimacy of the child, unless it is proved that the parties to the marriage had no access to each other at any time when the child could have been conceived. The Kerala High Court observed this in Sujatha Krishnan vs Radha Mohandas [2025: KER:97956].

Hash Value: Its Technical Characteristics and Legal Implications for Advocates

By K Rajasekharan 22 February 2026Indian Evidence Act, Inf. Technologies for Advocates

A Hash Value is not just a string of random characters but something more than that. It is the advocate’s primary shield against tampered digital evidence. By understanding its characteristics—Fixed Length, Determinism, and Sensitivity—an advocate ensures that justice is not only done but is seen to be done in the digital age, as well.

Relevance of Criminal Court Judgments in Civil Proceedings

By K Rajasekharan 14 February 2026Indian Evidence Act

A judgment of criminal court is relevant as per Sections 40 to 43 of the Indian Evidence Act in civil proceedings. There is no embargo on the civil court to place reliance upon it as a corroborative material, observed the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja [(2020) 11 SCC 415].

When a Photocopy Can Be Admitted as Evidence: The Supreme Court’s Latest View

By K Rajasekharan 10 February 2026Indian Evidence Act, Uncategorized

In the recent judgment of Tharammel Peethambaran v. T. Ushakrishnan [2026 INSC 134], the Supreme Court clarified that a photocopy of a document—being "secondary evidence"—is generally not admissible unless it meets the strict conditions laid out under the law.

Witness’s Verbal Narration Not Necessary to Make the Contents of Any Video Admissible

By K Rajasekharan 31 October 2025Indian Evidence Act

Once a compact disk containing video recording is produced in accordance with the requirement of Section 65B of the Indian Evidence Act it becomes an admissible piece of evidence just like any document, the Supreme Court observed in Kailas s/o Bajirao Pawar v. State of Maharashtra [2025 INSC 1117].

SC Summarises the Law relating to Child witnesses

By K Rajasekharan 24 February 2025Indian Evidence Act

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 2025Indian Evidence Act

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 2024Indian Evidence Act

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 2024Indian Evidence Act

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 2024Indian Evidence Act

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.