Indian evidence act book

 

    About the Author. Professor K D Gaur, former Vice-Chancellor, Professor and Head, Post-Graduate Department of Law, Utkal University Bhubaneshwar. phunctibalmyimie.ga - download Indian Evidence Act, (Lawmann's) book online at best prices in india on phunctibalmyimie.ga Read Indian Evidence Act, (Lawmann's) book . A Critical Commentary Covering Emerging Issues and International Developments - This section-wise commentary on the law of evidence offers a unique.

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    Indian Evidence Act Book

    Indian Evidence Act, (1 of ): (With Exhaustive Case Law) The site Book Review Author interviews, book reviews, editors' picks, and more. Indian Evidence Act by Nageshwar Rao from phunctibalmyimie.ga Only Genuine Home · Books. Indian Evidence Act (English, Hardcover, Nageshwar Rao). Share . amend the law of Evidence;. It is hereby This Act may be called the Indian Evidence Act,. The facts that other entries made by A in the same book are.

    What is evidence? Basic concept of evidence.. Two principal considerations are: 1. On whom does the burden of proof rest? To what degree of certitude must the assertion be supported? Similarly, in most civil procedures, the plaintiff carries the burden of proof and must convince a judge or jury that the preponderance of the evidence is on their side. Other legal standards of proof include "reasonable suspicion", "probable cause" as for arrest , "prima facie evidence", "credible evidence", "substantial evidence", and "clear and convincing evidence".

    Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. The Court shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, the official character which he claims in such paper.

    Presumption as to documents produced as record of evidence. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.

    Presumption as to Gazettes in electronic forms. Presumption as to document admissible in England without proof of seal or signature. Presumption as to maps or plans made by authority of Government.

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    Presumption as to collections of laws and reports of decisions. Presumption as to powers-of-attorney. Presumption as to certified copies of foreign judicial records. Presumption as to books, maps and charts. Presumption as to telegraphic messages. Presumption as to electronic messages. Presumption as to due execution, etc. Presumption as to documents thirty years old. This Explanation applies also to section Illustrations a A has been in possession of landed property for a long time.

    He produces from his custody deeds relating to the land showing his titles to it. The custody is proper. The mortgagor is in possession. This Explanation applies also to section 81A. Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents. Exception 2. Explanation 3. Illustrations a If a contract be contained in several letters, all the letters in which it is contained must be proved.

    The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo.

    The evidence is admissible. Oral evidence is offered of the payment. Exclusion of evidence of oral agreement. Proviso 1. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso 3. Proviso 4. Proviso 5.

    Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract: Proviso 6.

    The goods are shipped in a particular ship which is lost. The fact that that particular ship was orally excepted from the policy, cannot be proved. The fact that, at the same time, an oral agreement was made that the money should not be paid till the thirty-first March, cannot be proved. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed, cannot be proved.

    This fact may be proved. A may prove that such a mistake was made as would by law entitle him to have the contract reformed. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired. B may prove the verbal warranty. A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them.

    It is silent on the subject of board. A may not prove that board was included in the term verbally. B keeps the receipt and does not send the money. In a suit for the amount, A may prove this. The writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered. Comments Deed of collateral security: Inference can be drawn regarding proof of document by admission of parties either oral or other evidence; B.

    Lohar v. Goyal, AIR Sikkim Position of stranger The rule as to exclusion of oral by documentary evidence governs the parties to the deed in writing. A stranger to the document is not bound by the terms of the document and is, therefore, not excluded from demonstrating the untrue or collusive nature of the document or the fraudulent or illegal purpose for which it was brought into being; Parvinder Singh v.

    Renu Gautam, 4 SCC Exclusion of evidence to explain or amend ambiguous document. Evidence cannot be given to show which price was to be given. Evidence cannot be given of facts which would show how they were meant to be filled.

    Exclusion of evidence against application of document to existing facts. A has an estate at Rampur containing bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size. Evidence as to document unmeaning in reference to existing facts. A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.

    These facts may be proved to show that the deed related to the house of Howrah. Evidence as to application of language which can apply to one only of several persons. Illustrations a A agrees to sell to B, for Rs. A has two white horses.

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    Evidence may be given of facts which show which of them was meant. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haidarabad in Sindh was meant. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.

    A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell. Evidence as to meaning of illegible characters, etc. A has both models and modelling tools.

    Evidence may be given to show which he meant to sell. Who may give evidence of agreement varying term of document. Illustration A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. This could not be shown as between A and B, but it might be shown by C, if it affected his interests. Saving of provisions of Indian Succession Act relating to Wills. Burden of proof. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

    Illustrations a A desires a Court to give judgment that B shall be punished for a crime which A says B has committed.

    A must prove that B has committed the crime. A must prove the existence of those facts. COMMENTS Joint family property Merely because some of properties continue to stand in the name of plaintiff that by itself cannot lead to any conclusion that the property downloadd by any one member of the family would necessarily be a part of joint family property and when evidence shows that the person who has downloadd property had been engaged in an independent business for a sufficient long period; Baban Girju v.

    Reasonable proof of ownership In absence of any reasonable proof that defendant was the actual owner of the property, and plaintiff was only a name given does not prove that respondent was owner and plaint maker was only a name given to the property; Rama Kanta Jain v.

    Jain, AIR Del What to be proved by prosecution It is well settled that the prosecution can succeed by substantially proving the very story it alleges. It must stand on its own legs. It cannot take advantage of the weakness of the defence. Nor can the court on its own make out a new case for the prosecution and convict the accused on that basis; Narain Singh v.

    State, 2 Crimes Del. On whom burden of proof lies. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved.

    Therefore the burden of proof is on B. Burden of proof as to particular fact. Illustration 1[ a ] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C.

    A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. Burden of proving fact to be proved to make evidence admissible. Illustrations a A wishes to prove a dying declaration by B. A must prove that the document has been lost.

    Burden of proving that case of accused comes within exceptions. Illustrations a A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. A is charged with voluntarily causing grievous hurt under section The burden of proving the circumstances bringing the case under section lies on A.

    COMMENTS Plea of self-defence When the prosecution has established its case, it is incumbent upon the accused, under section to establish the case of his private defence by showing probability; Samuthram alias Samudra Rajan v. State of Tamil Nadu, 2 Crimes Mad. The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record; Rizan v.

    Burden of proving fact especially within knowledge. Illustrations a When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

    The burden of proving that he had a ticket is on him. Burden of proving death of person known to have been alive within thirty years. Burden of proving that person is alive who has not been heard of for seven years. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

    Burden of proof as to ownership. Proof of good faith in transactions where one party is in relation of active confidence. Illustrations a The good faith of a sale by a client to an attorney is in question in a suit brought by the client.

    The burden of proving the good faith of the transaction is on the attorney. The burden of proving the good faith of the transaction is on the father. Presumption as to certain offences. Birth during marriage, conclusive proof of legitimacy.

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    Proof of cession of territory. Presumption as to abetment of suicide by a married woman. Presumption as to dowry death. Illustrations The Court may presume— a That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself; As to illustration b —A crime is committed by several persons.

    A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable; As to illustration c — A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was young and ignorant person, completely under A's influence; As to illustration d —It is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course; As to illustration e —A judicial act, the regularity of which is in question, was performed under exceptional circumstances; As to illustration f —The question is, whether a letter was received.

    It is shown to have been posted, but the usual course of the post was interrupted by disturbances; As to illustration g —A man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family; As to illustration h —A man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked; As to illustration i —A bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.

    Durghatiya, 1 SCR If there is any such circumstance weakening such presumption, it cannot be ignored by the court; Sobha Hymavathi Devi v. District IVth upper Distt. State of Madhya Pradesh, 4 Supreme State of Maharashtra, 2 Crimes Bom. Presumption as to absence of consent in certain prosecutions for rape. Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to download and pay for it.

    The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title. Estoppel of tenant; and of licensee of person in possession. Estoppel of acceptor of bill of exchange, bailee or licensee.

    Dumb witnesses. Evidence so given shall be deemed to be oral evidence. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.

    Judges and Magistrates. Illustrations a A, on his trial before the Court of Sessions, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court. B cannot be asked what A said, except upon the special order of the superior Court.

    B may be examined as to what occurred. Communications during marriage. Evidence as to affairs of State. Official communications. Information as to commission of offences. Professional communications. Provided that nothing in this section shall protect from disclosure— 1 Any such communication made in furtherance of any 1[illegal] purpose; 2[illegal] purpose;".

    It is immaterial whether the attention of such barrister, 2[pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client. As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.

    This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure. Section to apply to interpreters, etc.

    Privilege not waived by volunteering evidence. Confidential communications with legal advisers. Production of title-deeds of witness not a party. Production of documents or electronic records which another person, having possession, could refuse to produce.

    Witness not excused from answering on ground that answer will criminate. Proviso —Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer. Number of witnesses. Order of production and examination of witnesses. Judge to decide as to admissibility of evidence.

    If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.

    If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.

    Illustrations a It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.

    It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified. There are several intermediate facts B, C and D which must be shown to exist before the fact A can be regarded as the cause or effect of the fact in issue.

    Order of examinations. The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. Direction of re-examination. Cross-examination of person called to produce a document. Witnesses to character. Leading questions. When they must not be asked. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

    When they may be asked. Evidence as to matters in writing. Illustration The question is, whether A assaulted B. Cross-examination as to previous statements in writing. Questions lawful in cross-examination. When witness to be compelled to answer. Court to decide when question shall be asked and when witness compelled to answer. In exercising its discretion, the Court shall have regard to the following considerations: Question not to be asked without reasonable grounds.

    Illustrations a A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. There are here no reasonable grounds for the question. This may be a reasonable ground for asking him if he is a dakait.

    Procedure of Court in case of question being asked without reasonable grounds. Indecent and scandalous questions. Questions intended to insult or annoy.

    Exclusion of evidence to contradict answers to questions testing veracity. Exception 1. Illustrations a A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible. Evidence is offered to show that he was dismissed for dishonesty.

    The evidence is not admissible. A is asked whether he himself was not on that day at Calcutta. Evidence is offered to show that A was on that day at Calcutta. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Lahore. In each of these cases the witness might, if his denial was false, be charged with giving false evidence.

    He may be contradicted on the ground that the question tends to impeach his impartiality. Question by party to his own witness. Questions tending to corroborate evidence of relevant fact, admissible. Illustration A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

    Former statements of witness may be proved to corroborate later testimony as to same fact. What matters may be proved in connection with proved statement relevant under section 32 or Refreshing memory. The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct. When witness may use copy of document to refresh memory.

    Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises. Testimony to facts stated in document mentioned in section Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

    Right of adverse party as to writing used to refresh memory. Production of documents. The validity of any such objection shall be decided on by the Court. The Court, if it sees, fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility. Translation of documents.

    Giving, as evidence, of document called for and produced on notice. Using, as evidence, of document, production of which was refused on notice. Illustration A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents.

    B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so. Provided that the Judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections to , both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section or ; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.

    Power of jury or assessors to put questions. No new trial for improper admission or rejection of evidence.

    Reserve Bank of India - Notifications

    See now the Code of Civil Procedure, 5 of as to the settlement of issues, see Sch. I, Order XIV. II—1 b w. See now the Code of Civil Procedure, 5 of For prohibition of such inducements, etc. As to statements made to a police officer investigating a case, see the Code of Criminal Procedure, 2 of , section A Coroner has been declared to be Magistrate for the purposes of this section, see the Coroners Act, 4 of , section The words "or in Burma" omitted by the A.

    See now the Code of Criminal Procedure, 2 of This was amended first by the Repealing and Amending Act, 10 of and then by the A. The last para added by Act 5 of , sec. II, for section 39 w.

    For discussion in Council as to whether "finger impressions" include "thumb impressions", see Gazette of India, , Pt. VI, p. II—10 w. A Village-officer in the Punjab has been declared for the purposes of this Act to be a public officer having the custody of a public document—see the Punjab Land Revenue Act, 17 of , section 2.

    II—13 w. II—15 w. Where, however, a criminal court finds that a confession or other statements of an accused person has not been recorded in the manner prescribed, evidence may be taken that the recorded statement was duly made see the Code of Criminal Procedure, 2 of , section See now the Indian Succession Act, 39 of , Pt.

    VI, Ch. In the Act as published in Gazette of India, , Pt. IV, p. II, for section w. It also applies to all judicial proceedings in the court, including the court martial. However, it does not apply on affidavits and arbitration. Contents[ edit ] This Act is divided into three parts and there are 11 chapters in total under this Act.

    There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts. Part 2 Part 2 consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.

    Part 3 The last part, that is part 3, consists of chapter 7 to chapter Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. For those Facts Evidence is Given to the Court by two ways, One is Orally and Second is Documentary includes Electronic Documents , Oral Evidence mostly suggest the Verbal deposition before the Court and not other wise , and Which includes oral statement regarding materials too, Documentary Evidence suggest the Documents.

    So The Evidence Regarding Matter which have number of Facts, for which Evidence by way of oral or Documentary produced before the court for its Evaluation for either one fact or facts.

    Court by going through those Documentary Evidence and Oral Evidence decide that particular fact and all facts are proved or not, or whether the fact or facts can be presumed to be proved?