Indian Evidence Act Archives - Page 3 of 4 - Lawwatch : Legal Resources for Advocates

Opinion or Expert Evidence: Its Relevancy

By K Rajasekharan 16 January 2022Indian Evidence Act

The relevancy of opinion evidence is dealt with in Sections 45 to 51 of the Indian Evidence Act (IEA). Opinion evidence in general is inadmissible. But two kinds of opinion evidence have relevance and hence admissible in judicial proceedings: one is expert opinion and the other is opinion of non-experts in some exceptional cases, as specified in the IEA.

Relevancy & Admissibility in Indian Evidence Act

By K Rajasekharan 7 January 2022Indian 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

By K Rajasekharan 30 November 2021Civil Cases & Proceedures, Indian Evidence Act

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

By K Rajasekharan 24 November 2021Criminal Laws & Procedures, Indian Evidence Act

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

By K Rajasekharan 24 May 2021Indian Evidence Act

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.

Mens Rea & its importance in Criminal Cases

By K Rajasekharan 23 May 2021Criminal Laws & Procedures, Indian Evidence Act

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

By K Rajasekharan 22 May 2021Indian 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

By K Rajasekharan 22 May 2021Indian 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 : Its Evolution in Indian Legal Sphere

By K Rajasekharan 22 May 2021Indian Evidence Act, Inf. Technologies for Advocates

In Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case, the Supreme Court (SC) observed that the certificate, prescribed under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence in the courts.