Relevancy & Admissibility in Indian Evidence Act
The Sections 1 to 55 of the Indian Evidence Act enlists the definitions of some basic terms, and what kinds of evidence are relevant and admissible in a judicial proceeding.
Attestation Unnecessary for Many Legal Instruments
Every instrument under the law in India does not require attestation. Even if it is attested the court may not be conducting the examination of them unless the document is required to be attested as per law.
However, attestation of the instrument and consequent examination of the attesting witnesses as part of proving it are essential requirements in instrument such as a Will when law prescribes so.
Recall of Witness u/s 311 CrPC & 165 IEA
The Judge has unfettered authority to summon any material witness, or examine any person attending the court, though he is not summoned as a witness, or recall or re-examine any person already examined, if his evidence appears to be essential to the just decision of the case, under Section 311 of the Criminal Procedure Code (CrPC).
Proving Public Documents in Indian Courts
Public document is a category of document or record, made as part of an official act enjoined upon a public officer, while acting as an officer of the sovereign authority, official bodies and tribunals, in legislature, judicial or executive branch of government in India, the commonwealth or a foreign country, under Section 74 of the IEA.
Thirty years old Will duly executed needs no further proving by witnesses
Execution and attestation of Will A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA), requires to be attested by two or more witnesses. Each of the…
Mens Rea & its importance in Criminal Cases
Mens rea refers to the guilty intention, knowledge, or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea).
An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.
Confession under Indian Evidence Act
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.
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…
Electronic Evidence u/s 65B of Evidence Act
The requirement of the certificate, under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence.
The Supreme Court (SC) finally took this view in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case delivered on 14th July 2020.
Model Certificate u/s 65B of Evidence Act
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 in this write up.