What is Section 7 Indian evidence Act?

Facts Which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

What is Section 61 of Indian evidence Act?

61. Proof of contents of documents. —The contents of documents may be proved either by primary or by secondary evidence.

What is Section 64 of Indian evidence Act?

64. Proof of documents by primary evidence. —Documents must be proved by primary evidence except in the cases hereinafter mentioned.

What is Section 91 of the Indian evidence Act?

Section 91 of the Indian Evidence Act, 1872 lays down the provision that when evidence related to contracts, grants and other depositions of the property is reduced as a document, then no evidence is required to be given for proof of those matters except the document itself.

What is Section 8 of Indian Evidence Act?

(i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

Is dying declaration admissible?

Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person’s death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.

What is Section 244 of Criminal Procedure Code?

244. Evidence for prosecution. (1) When, in any warrant- case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

What are the two types of documentary evidence?

There are two kinds of Documentary Evidence, Primary Evidence and Secondary Evidence.

What is 65B of Evidence Act?

Under Section 65B(1), any information contained in an electronic record, which has been stored, recorded or copied as a computer output, shall also be deemed as a ‘document’ – and shall be admissible as evidence without further proof or production of the originals, if the conditions mentioned are satisfied.

Who can give certificate under 65B Evidence Act?

The court was of the view that procedural requirements under Section 65B(4) can only be made applicable when the person is in possession of the device and he has produced electronic evidence and hence, is in a position to produce a certificate.

Which evidence is best evidence?

This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the ‘best’ way to prove the actual content of the evidence.

What is best legal evidence?

Best evidence, also known as primary evidence, usually denotes an original writing, which is considered the most reliable proof of its existence and its contents. If it is available to, and obtainable by, a party, it must be offered into evidence at a trial.

What is motive and preparation under Section 8 of Evidence Act?

Section 8, Para I of the Indian Evidence Act, 1872 says, “Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.” However, no inference of guilt should arise when it has been established that the preparation so made was innocent or was for another act that may be …

What is confession in Evidence Act?

Justice Stephen in his Digest of the law of Evidence defines confession as “confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.”

What are the 5 requisites of dying declaration?

5. ID.; ID.; ID.; ID.; REQUISITE THAT DECLARATION WAS MADE UNDER A CONSCIOUSNESS OF IMPENDING DEATH; NOT SATISFIED IN CASE AT BAR.

What is Section 243 CrPC?

Section 243 in The Code Of Criminal Procedure, 1973. 243. Evidence for defence. (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

What CrPC 299?

If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any …

What is the meaning of section 95 of Indian Evidence Act?

Indian Evidence Act- Section 95: Details The Act states clearly– “Evidence as to document unmeaning in reference to existing facts.—When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.”

What is the Indian Evidence Act?

The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law.

What are the provisions of the Evidence Act?

In the Evidence Act All the Provisions can be divided into two Categories (1) Taking the Evidence (By Court) (2) Evaluation Taking Evidence : Parties to a proceeding before a court of law can adduce only admissible evidence.

Does proviso 6 to Section 92 of the Evidence Act apply?

The Supreme Court has recently held that proviso 6 to Section 92 of the Evidence Act would not apply if a document is straightforward, without any ambiguity in its meaning. This judgement is considered to be quite a landmark judgement in recent times by the apex court.