INDIAN EVIDENCE ACT 1872 PDF

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This Act may be called the Indian Evidence Act,. Extent. Extent.-It extends to the whole of India 1*[except the State of Jammu and Kashmir] and applies to. THE INDIAN EVIDENCE ACT, ~. CONT'ENT. S. -Preamble. ~.'1. PartI. RELEVANCY OF }'ACl'S. CHAPTER I~-PRELIMINARY,. \ t. SJiJCTION. 1. Short title. Full text containing the act, Indian Evidence Act, , with all the sections, schedules, short title, enactment date, and footnotes.


Indian Evidence Act 1872 Pdf

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The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in , .. Create a book · Download as PDF · Printable version. (1) This Act may be called as the Indian Evidence (Amendment) Act, In the Indian Evidence Act , hereinafter referred to as the principal Act, in. EVIDENCE. THE EVIDENCE ACT. 1. This Act may be cited as the Evidence Act. Cap. Laws. 22 of ,. 31 of S. Acts. 40 of 42 of

Manikrao Shivaji Kokate, 4 SCC , and observed that new techniques and devices are order of the day. Though such devices are susceptible to tampering, no exhaustive rule could be laid down by which the admission of such evidence may be judged.

Standard of proof of its authenticity and accuracy has to be more stringent than other documentary evidence.

Further reference was made to the case of Tomaso Bruno and Anr. State of Uttar Pradesh, 7 SCC , wherein a Three-Judge Bench observed that advancement of information technology and scientific temper must pervade the method of investigation. Electronic evidence was relevant to establish facts. Scientific and electronic evidence can be a great help to an investigating agency.

In Anvar P.

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Basheer and Others, 10 SCC , delivered by a Three-Judge Bench, in para 24 it was observed that electronic evidence by way of primary evidence was covered by Section 62 of the Evidence Act to which procedure of Section 65B of the Evidence Act was not admissible. However, for the secondary evidence, procedure of Section 65B of the Evidence Act was required to be followed and a contrary view taken in Navjot Sandh supra that secondary evidence of electronic record could be covered under Sections 63 and 65 of the Evidence Act, was not correct.

However, observations in para 14 to the effect that electronic record can be proved only as per Section 65B of the Evidence Act, which is not a correct view as per the prevailing legal principles. It has been held that in view of Three-Judge Bench judgments in Tomaso Bruno and Ram Singh supra , it can be safely held that electronic evidence is admissible and provisions under Sections 65A and 65B of the Evidence Act are by way of a clarification and are procedural provisions.

If the electronic evidence is authentic and relevant the same can certainly be admitted subject to the Court being satisfied about its authenticity and procedure for its admissibility may depend on fact situation such as whether the person producing such evidence is in a position to furnish certificate under Section 65B h. Indian Evidence Act Hindi APK The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.

In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

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The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant. Void contract 2 j :- A contract which ceases to be enforceable by Law becomes void when it ceases to be enforceable. Under Indian law, consideration may be from the promisee of any other person i.

There are two exceptions where even mere silence may be fraud, one is where there is a duty to speak, then keeping silence is fraud. The facts which ordinarily tend to render the existence of fact in issue or relevant fact probable or improbable are relevant.

Indian Evidence Act

When consideration to one party to other is to pass subsequently to the maker of the contract, is said to be future consideration. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal.

Indian Evidence Act Hindi APK Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer hereinafter referred to as the computer output shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

Production of title-deeds of witness not a party. Confession of one accused is admissible against co-accused a if they are tried jointly for the same offences b if they are tried jointly for different offences c if they are tried for the same offences but not jointly d if they are tried for different offences and not jointly. Voidable contract 2 i :- An agreement is a voidable contract if it is enforceable by Law at the option of one or more of the parties there to i.

THE INDIAN EVIDENCE ACT, ACT No. 1 OF

A dying declaration to be admissible a must be made before a Magistrate b must be made before the police officer c may be made before a doctor or a private person d may be made either before a magistrate or a police officer or a doctor or a private person.

Illustration A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery.

Indian Evidence Act Hindi APK A confession to be inadmissible under section 25 of Evidence Act a must relate to the same crime for which he is charged b must relate to another crime c may relate to the same crime or another crime d only a is correct and b is incorrect. For example, an employer may be deemed to be having authority over his employee.

Offer 2 a :- When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

A must prove the existence of those facts. When an agent's authority is terminated, it operates as a termination of subagent also. It is well established that where there is an eyewitness account regarding the incident, the motive loses all its importance; Barikanoo v.Illustration A undertakes to collect rent for B.

Such a confession d or treated as evidence against the The object of Section 26 is to prevent the abuse of their person making it, but simply as evidence against the powers by the police, and hence confessions made by person making it, but simply as evidence on behalf of the accused persons while in custody of police cannot be other.

Middleton, Q.

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Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.

Standard of proof of its authenticity and accuracy has to be more stringent than other documentary evidence.

The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate that he consulted vakils in reference to making the will, and that he caused drafts or other wills to be prepared of which he did not approve, are relevant. On whom burden of proof lies.

A's defence is that B's contract was with C. 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.