28Sep 2018 by admin

Section 15 of the Indian Evidence Act, 1872

Design
Facts bearing on question whether act was accidental or intentional:When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Image Source: blog.themsls.org ADVERTISEMENTS: Illustrations: (a) A is accused of burning down his house in order to obtain money for which it is insured.The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental.(b) A is employed to receive…
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28Sep 2018 by admin

Section 4 of the Indian Evidence Act, 1872

Marriage
May presume:Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Comments: A court has discretion to presume a fact as proved, or to call for confirmatory evidence as the circumstances require. In such cases the presumption is not a hard and fast rule. The presumption is juris et de jure. The court is free to presume any fact or not as the presumptions are about the question of facts. It may regard such fact as proved, unless and until it is disproved or may call for the proof of it.If in a case the court has an option to raise…
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28Sep 2018 by admin

Section 6 of the Indian Evidence Act, 1872

Government
Relevancy of facts forming part of same transaction:Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Image Source: searchhighway.ca ADVERTISEMENTS: Illustrations:(a) A is accused of the murder of  by beating him. Whatever was said or done by A or  or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked, and goals are broken open. The occurrence of these…
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28Sep 2018 by admin

Section 9 of the Indian Evidence Act, 1872

Identity
Facts necessary to explain or introduce relevant facts:Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Image Source: ramumine.files.wordpress.com ADVERTISEMENTS: Illustrations: (à) The question is, whether a given document is the Will of A,The state of A’s property and of his family at the date of the alleged Will may be relevant facts.(b) A sues…
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28Sep 2018 by admin

Section 11 of the Indian Evidence Act, 1872

Law
When facts not otherwise relevant become relevant:Facts not otherwise relevant are relevant— Image Source: http://image.superstreetonline.com ADVERTISEMENTS: (1) If they are inconsistent with any fact in issue or relevant fact;(2) If by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.Illustrations: (a) The question is, whether A committed a crime at Calcutta on a certain day. ADVERTISEMENTS: The fact that, on that day, A was at Lahore is relevant.The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.(b) The question is, whether A committed a crime.The circumstance…
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28Sep 2018 by admin

Section 10 of the Indian Evidence Act, 1872

Government
Things said or done by conspirator in reference to common design:Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Image Source: lastapostle.files.wordpress.com ADVERTISEMENTS: Illustration: Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India.The…
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28Sep 2018 by admin

Section 22 of the Indian Evidence Act, 1872

Essays
When oral admissions as to contents of documents are relevant:Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. Image Source: i.ytimg.com ADVERTISEMENTS: Comments: Section 22 lays down that the contents of the documents can be proved by the documents itself and not by oral evidence. The contents of a document capable of being produced must be proved by the instrument and not by parole evidence.Under the provisions of the Evidence Act the contents of the documents are proved either by primary evidence or by secondary evidence. According…
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28Sep 2018 by admin

Section 27 of the Indian Evidence Act, 1872

Events
How much of information received from accused may be proved:Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. Image Source: claritygroupinc.files.wordpress.com ADVERTISEMENTS: Comments: Scope: There are two exceptions laid down in the Evidence Act so far the admissibility of confession made by an accused is concerned. First, exception relates to when confession is made by the accused in immediate presence of a magistrate (Section 26) and the other has been mentioned in Section 27 i.e. when the confession leads to discoveries of facts. The section permits…
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28Sep 2018 by admin

Section 25 of the Indian Evidence Act, 1872

Law
Confession to police officer not to be proved:No confession made to a police officer, shall be proved as against a person accused of any offence. Image Source: resources.phrasemix.com ADVERTISEMENTS: Comments: Scope: Section 25 lays down that a confession made by a person to the police officer is inadmissible and cannot be proved. The basic object of this section and Section 26 is to prevent practices of torture by the police officers for the purpose of extracting confessions from the accused persons. Although both sections seek to achieve same purpose they operate in different fields. It is well known that the police officer to secure confession uses short cut methods even by putting the arrested person into third degree so that the arrested person confesses. “The principle upon which the rejection…
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28Sep 2018 by admin

Section 21 of the Indian Evidence Act, 1872

Business
Proof of admissions against persons making them, and by or on their behalf:Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:— Image Source: lehigh.edu ADVERTISEMENTS: (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32.(2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind…
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