RES GESTAE UNDER INDIAN EVIDENCE ACT

RES GESTAE UNDER INDIAN EVIDENCE ACT

Section 6 of the Indian Evidence Act is a direct manifestation of the doctrine of res gestae as followed in England. This section provides that facts, though not in issue, but are so connected with fact in issue as to form part of the same transaction are relevant. They may occur at same time or […]

RELEVANCY AND ADMISSIBILITY

RELEVANCY AND ADMISSIBILITY

The expression ‘Relevancy of a fact’ is not defined under the Indian Evidence Act. Section 3 of the Act only defines ‘relevant fact’ as one fact is relevant to another when one is connected to the other in the manner provided under Section 6 to 55 of the Act. Thus, this definition also does not […]

PROVED, DISPROVED AND NOT PROVED

PROVED, DISPROVED AND NOT PROVED

Proved : Section 3 of the Indian Evidence Act defines ‘proved’. According to this Section, a fact is said to be proved when after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of a particular case, to […]

EVIDENTIARY VALUE OF ADMISSION

EVIDENTIARY VALUE OF ADMISSION

Section 31 of the Evidence Act provides that admissions are not conclusive proof of matters admitted against any part but it may operate as estoppel. However, it does not mean that admission of a party is of little value. Section 58 provides that facts admitted need not be proved. Admission acts as waiver of proof. […]

EVIDENCE-MEANING AND SCOPE

EVIDENCE-MEANING AND SCOPE

The word ‘Evidence’ is derived from Latin term ‘evidens‘ or ‘evidere‘ which means to prove, to ascertain, to make clear. According to Bentham evidence can be defined as any matter of fact, the effect of which is to produce in a mind a persuasion, affirmative or disaffirmative, of existence of some other fact. The fact […]

CONFESSION MADE TO A POLICE OFFICER

CONFESSION MADE TO A POLICE OFFICER

Section 25 clearly provides that confession made to a police officer cannot be proved against the accused. Reason: Confessions to police officers are made inadmissible to prevent the torture of the accused at the hands of police in order to extract confessions. Confession obtained by torture and by using third degree methods would be involuntary. […]