INDIAN EVIDENCE ACT
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
RELEVANCY OF FACTS: sections 5 to16
1) Concept of fact in issue
2) Relevancy of facts and admissibility of fact
3) Concept of Res gestae
4) Conspiracy
5) Alibi (residuary clause of relevancy)
ADMISSIONS AND CONFESSIONS: SECTION 17 TO 31
Section 17: Admission defined
Section 24:Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
Section 25: Confession to police officer not to be proved
Section 26:Confession by accused while in custody of police not to be proved against him
Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section 31: Admission not conclusive proof, but may estop
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES: DYING DECLARATION: SECTIONS 32 AND 33
Section 32: Dying declaration
1. Evidentiary value of dying declaration
2. Essential conditions of a valid dying declaration
3. When a dying declaration is considered as not admissible
Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES: sections 34 TO 38 HOW MUCH OF A STATEMENT IS TO BE PROVED:
Section 39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT: sections 40 to 44
Circumstances under which previous judgments are relevant
Judgment in rem
OPINIONS OF THIRD PERSONS WHEN RELEVANT: sections 45 to 51
1) Evidentiary value of expert opinion
2) When opinion as to electronic signature is relevant
3) Relevance of DNA test evidence in India, after Sheena Bano murder case
CHARACTER WHEN RELEVANT: sections 52 to 55
FACTS WHICH NEED NOT BE PROVED: sections 56 to 58
ORAL EVIDENCE: section 59 and 60
1) Hearsay evidence and it’s exception
DOCUMENTARY EVIDENCE: sections 61 to 90A
1) Concept of mode of proof and standard of proof
2) Retracted confession
3) Narco analysis test
4) Verification of digital signature
5) Primary evidence
6) Secondary evidence and its admissibility
7) Electronic record and its admissibility
8) Attestation of documents
PUBLIC DOCUMENTS: sections 74 to 78
PRESUMPTIONS AS TO DOCUMENTS: 79 to 90A
THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE: sections 91 to 100
1) Latent and patent ambiguity
BURDEN OF PROOF: sections 101 to 114A
Section 101: Burden of proof
a) Onus Probandi
b) Relevancy and admissibility of tape recorded statements
Section 102: on whom burden of proof lies
Section 112: birth during marriage, conclusive proof of legitimacy
Section 113A: presumption as to abetment of suicide by a married woman
Section 113B: presumption as to dowry death
Section 114: Court may presume existence of certain facts
Section 114A: presumption as to absence of consent in certain prosecution of rape
ESTOPPEL and its kinds
Section 115: Estoppel
Section 116: Estoppel of tenant; and of license of person in possession
Section 117: Estoppel of acceptor of bill of exchange, Bailee or licensee
WITENESSES AND PRIVILIGED COMMUNICATIONS: sections 118 to 134
1) Meaning of privileged communication
2) Witnesses and its kinds
3) Principle of saluspopulisupremalex
4) Professional communications
5) Accomplice
a) Evidentiary value of testimony of an accused
b) Concept of approvers and accomplices
6) Maxim “Evidence has to be weighed and not counted”
EXAMINATION OF WITNESSES AND IT’S ORDER: section 135 to 166
Section 141: leading questions
Section 146: questions lawful in cross examination
Section 154: Hostile witness
Section 155: impeaching credit of witness
Section 156: questions tending to corroborate evidence of relevant facts, admissible
Section 157: Former statements of witness may be proved to corroborate later testimony as to same fact
Section 158: What matters may be proved in connection with proved statement relevant under section 32 or 33
Section 159: refreshing memory
IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 167: no new trial for admission or rejection or evidence