Description
As per Norton, the Law of Evidence is the most important branch of the adjective law. Commonly, adjective law defines the procedure, pleadings, and proof by which the substantive law is applied in practice. Evidence is defined by Bentham as any matter of fact, the effect, tendency, or design of which is to produce in
the mind a persuasion affirmative or disaffirmation of the existence of some other matter of fact. Rules regarding judicial evidence may be generally divided
into those relating to the quid probandum Or thing to be proved and those relating to the modus probandi or modes of proving. Evidence is the most important facet of a trial. The evidence of a fact is that which tends to prove it, something which could satisfy an enquirer of the existence or non-existence of the fact. Every fact has to be proved by some sort of evidence or testimony from a competent witness.
The object of rules of evidence is to help the Courts to ascertain the truth, prevent protracted inquiries, and to avoid confusion in the minds of judges, which may result from the admission of evidence in excess. One should bear in mind that if every circumstance which might tend to throw light on the matter in issue were to be let in, trials would be protracted to an intolerable length. Following are the three main principles that underlie the Law of Evidence: –
(I) Evidence must be confined to the matter in issue.
(ii) Hearsay evidence must not be admitted.
(iii) Best evidence must be given in all cases.
In order to appreciate the evidence, the Court is required to keep in mind the setup and environment in which the crime is committed and the level of understanding of the witnesses.
The key to success is the art of distinguishing the relevant from the irrelevant and that is a key that can open any door. In order for evidence
to be admissible it must be material, competent, and relevant. For evidence to be material it must prove a fact that is central to the case. Competent evidence refers to facts that meet established standards of reliability. However, the most crucial criteria for evidence is that it is relevant, to the case at hand. It connotes that it must convey facts that directly relate to the circumstances of the case. The evidentiary value of the statements witness depends upon the nature of the statements, the substance of the testimony, and appreciation of the testimony by the Court. Even a single statement may be treated as sufficient evidence, while a long narration by the witness, may not even be treated as a fact. This depends upon the value of the statements of a witness, which has thus emerged after cross-examination and corroboration. Mere becoming a witness is not sufficient, but the witness must be credible and reliable.
Robert Browning aptly said:
“Oh the little more, and how much it is! And the little less, and what words away.”
The evidence of a friend in crime was always taken with great precaution and needed to be corroborated by other independent evidence though circumstantial. Even the uncorroborated evidence of an accomplice is admissible. There can be a conviction upon the uncorroborated testimony of the accomplice if believed to be true and this is so especially where there is in question the evidence of a person who is not so much an accomplice as a victim. The aspect of the extent and content of independent corroboration had two lines of thought, i.e., one that independent evidence tending to verify any part of the testimony of the accomplice should suffice and the other required that the corroborative evidence should not only show that part of the accomplice testimony is true but should go further and also implicate the other accused. Lord Abinger, opined that corroboration ought to consist in some circumstance that affects the identity of the party accused. A man who has been guilty of a crime himself will always be able to relate the facts of the case, and if being confirmative be only truth of that history, without identifying the persons, that is really no corroboration at all.
Despite the duty to testify as provided under various provisions of the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908, and Evidence Act, 1872, witnesses are often protracting to depose before the Court of law. In view of the plight of witnesses, “the Witness Protection Scheme, 2018” has been approved by the Apex Court in Mahinder Chawla’s case, and we are annexing the same in the book.
The constant roaring demand for revised and updated editions of this treatise has inspired us to publish the instant edition. We have corporated the latest developments of law as have taken place at proper places in the text. A prolific and potent Subject Index is also appended.
Contents:
Volume 1
1. Introduction
2. Rules Relating To Appreciation of Evidence
3. The Indian Evidence Act, 1872 (Preamble)
Chapter 1
4. Relevancy Of Facts
– Short Title, extent, and commencement
– Repeal of enactments
– Interpretation clause
– May Presume
Chapter 2 of the Relevancy of the Facts
5. Evidence may be given of facts in issues and relevant issues.
6. Relevancy Of Facts Forming parts of the same transactions.
7. Facts which are the occasion, cause, or effect of facts in issue.
8. Motive, preparation, and previous or subsequent conduct.
9. Facts necessary to explain or introduce relevant facts.
10. Things said or done by conspirators in reference to common design.
Volume 2
11. When facts not otherwise relevant become relevant
12. In suits for damages, facts tending to enable Court to determine the amount are relevant
13. Facts relevant when right or custom is in question.
14. Facts showing the existence of the state of mind, or of the body or bodily feeling.
15. Facts bearing on the question of whether the act was accidental or intentional.
16. Existence of course of business when relevant.
17. Admission defined.
18. Admission – by Party to proceeding or his agent – By suitor in the representative chapter.
19. Admissions by persons whose position must be proved against party suit.
20. Admission by persons expressly referred to by the party to suit.
21. Proof of admission against persons making them, and by or on their behalf.
22. When oral admissions as to the contents of documents are relevant.
23. Admission in civil cases when relevant.
24. Confession caused by inducement, threat, or promise, when irrelevant in criminal proceedings.
25. Confession to Police Officer not to be proved.
26. Confession by the accused while in the custody of the Police not be proved against him.
27. How much information received from the accused may be proved.
28. Confession made after removal of impression caused by inducement, threat, or promise, relevant.
29. Confession otherwise relevant not to become irrelevant because of the promise of secrecy, etc.
30. Consideration of proved confession affection person making it and others jointly under trial for the same offense.
31. Admission is not conclusive proof but may estop.
32. Cases in which a statement of relevant fact by a person who is dead or cannot be found, etc.m is relevant.
Volume 3
33. Relevancy of certain evidence for proving in subsequent proceedings, the truths of facts therein stated.
34. Entries in books of account including those maintained in an electronic form when relevant.
35. Relevancy of entry in the public record made in the performance of duty.
36. Relevancy of statements in maps, charts, and plans.
37. Relevancy of statements as to fact to public nature, contained in certain acts or notifications.
38. Relevancy of statements as to any law contained in law books.
39. What evidence is to be given when a statement forms part of a conversation, document, electronic record, book, or series of letters or papers?
40. Previous judgment relevant to bar a second suit or trial.
41. Relevancy of certain judgments in probate, etc., jurisdiction.
42. Relevancy and effect of judgments, orders, or decrees, other than those mentioned in Section 41.
43. Judgments, etc. other than those mentioned in Sections 40 to 42, when relevant.
44. Fraud or collusion in obtaining judgment, or, incompetency of Court, may be proved.
45. Opinions of experts.
A- Opinion of Examiner of Electronic Evidence.
46. Facts bearing upon opinions of experts.
47. Opinion as to handwriting, when relevant.
A- Opinion as to digital signature when relevant.
48. Opinion as to the existence of right or custom, when relevant.
49. Opinion as to usages, tenets, etc., when relevant.
50. Opinion on the relationship when relevant.
51. Groungs of opinions, when relevant.
52. In Civil cases character to prove conduct imputed, is irrelevant.
Chapter 3 OF FACTS WHICH NEED NOT BE PROVED
53. In Criminal cases previous good character is relevant.
A- Evidence of character or previous sexual experience not relevant in certain cases.
54. Previous bad character not relevant, except in reply.
55. Character as affecting damages.
56. Fact Judicially noticeable needs to be proved.
57. Facts of which the Court must take judicial notice.
Chapter 4 OF ORAL EVIDENCE
58. Facts admitted need not be proved.
59. Proof of facts by oral evidence
60. Oral evidence must be direct.
Chapter 5 OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents.
62. Primary evidence.
63. Secondary evidence.
64. Proof of documents by primary evidence.
65. Cases in which secondary evidence relating to documents may be given.
65-A. Special provisions as to evidence relating to electronic records.
65-B. Admissibility of electronic records.
66. Rules as to notice to produce.
67. Proof of signature and handwriting of person alleged to have signed or written document produced.
67-A. Proof as to electronic signature.
68. Proof of execution of document required by law to be attested.
69. Proof where no attesting witness was found.
70. Admission of execution by party to the attested document.
71. Proof when attesting witness denies the execution.
72. Proof of document not required by law to be attested.
73. Comparison of signature, writing, or seal with others admitted or proved.
73-A. Proof as to verification of the digital signature.
74. Public documents.
75. Private documents.
76. Certified copies of public documents.
77. Proof of documents by production of certified copies.
78. Proof of other official documents.
79. Presumption as to the genuineness of certified copies.
80. Presumption as to documents produced as a record of evidence.
81. Presumption as to Gazettes, newspapers, private Acts of Parliament, and other documents.
81-A. Presumption as to Gazettes in electronic forms.
82. Presumption as to document admissible in England without proof of seal or signature.
83. Presumption as to maps or plans made by the authority of the Government.
84. Presumption as to collections of laws and reports of decisions.
85, Presumption as to powers-of-attorney.
85-A. Presumption of electronic agreements.
85-B. Presumption as to electronic records and electronic signatures.
85-C. Presumption as to Electronic Signature Certificates.
86. Presumption as to certified copies of foreign judicial records.
87. Presumption as to books, maps, and charts.
88. Presumption as to telegraphic messages.
88-A. Presumption as to electronic messages.
89. Presumption as to not produced. due execution, etc., of documents
90. Presumption as to documents thirty years old.
90-A. Presumption as to electronic records five years old.
SUBJECT INDEX
VOLUME 4
Chapter 6 OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants, and other dispositions of property reduced to the form of a document.
92. Exclusion of evidence of oral agreement.
93. Exclusion of evidence to explain or amend the ambiguous document
94. Exclusion of evidence against application of document to existing facts.
95. Evidence as to document unmeaning in reference to existing facts
96. Evidence as to the application of language which can apply to one only of several persons.
97. Evidence as to the application of language to one of two sets of facts, to neither of which the whole correctly applies
98. Evidence as to the meaning of illegible characters, etc.
99. Who may give evidence of agreement varying the terms of the document?
100. Saving of provisions of the Indian Succession Act relating to Wills.
Chapter 7 OF THE BURDEN OF PROOF
101. Burden of proof
102. On whom the burden of proof lies.
103. The burden of proof as to particular facts.
104. The burden of proving facts to be proved to make evidence admissible.
105. The burden of proving the case of the accused comes with an exception.
106. The burden of proving facts, especially within the knowledge.
107. The burden of proving the death of a person known to have been alive within thirty years.
108. The burden of proving that person is alive and has not been heard of for seven years.
109. The burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
110. The burden of proof as to ownership
111. Proof of good faith in transactions where one party is in relation to active confidence.
111-A. Presumption as to certain offenses.
112. Birth during the marriage, conclusive proof of legitimacy.
113. Proof of cession of territory.
113-A. Presumption as to abetment of suicide by a married woman.
113-B. Presumption as to dowry death.
114. The court may presume the existence of certain facts.
114-A. Presumption as to the absence of consent in certain prosecutions for rape.
Index …
VOLUME 5
Chapter 8 ESTOPPEL
115. Estoppel.
116. Estoppel of tenant; and of the person in license of possession.
117. Estoppel of acceptor of a bill of exchange, bailee, or licensee.
Chapter 9 OF WITNESSES
118. Who may testify?
119. Witness unable to communicate verbally.
120. Parties to civil suit, and their wives or husbands or wife of person under criminal trial.
121. Judges and Magistrates.
122. Communication during marriage.
123. Evidence as to affairs to State.
124. Official communications.
125. Information as to the commission of offenses.
126. Professional communications.
127. Section 126 applies to interpreters, etc.
128. Privilege not waived by volunteering evidence.
129. Confidential communications with legal advisers.
130. Production of title deeds of witness, not a party.
131. Production of documents that another person, having possession, could refuse to produce.
132. Witness not excused from answering on ground that answer will criminate.
133. Accomplice.
134. The number of witnesses.
Chapter 10 OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnessing.
136. Judge to decide as to the admissibility of evidence.
137. Examination-in-chief.
138. Order of examinations.
139. Cross-examination of a person called to produce a document.
140. Witnesses to character.
141. Leading questions.
142. When they must not be asked.
143. When they may be asked.
144. Evidence as to matters in writing.
145. Cross-examination as to previous statements in writing.
146. Questions lawful in cross-examination.
147. When witness to be compelled to answer.
148. Court to decide when question shall be asked and when witness compelled to answer.
149. Questions are not to be asked without reasonable grounds.
150. The procedure of the Court in case of the question being asked without reasonable grounds.
151. Indecent and scandalous questions.
152. Questions intended to insult or annoy.
153. Exclusion of evidence to contradict answers to questions testing veracity.
154. Question by party to his own witness.
155. Impeaching credit of the witness.
156. Question tending to corroborate evidence of relevant fact, admissible.
157. Former statements of witnesses may be proved to corroborate later testimony as to same act.
158. What matters may be proved in connection with proved statement relevant under Section 32 or 33.
159. Refreshing memory.
160. Testimony to facts stated in the document mentioned in Section 159.
161. Right of adverse party as to writing used to refresh memory.
162. Production of documents.
163. Giving, as evidence, of documents called for and produced on notice.
164. Using as evidence, of document production which was refused on notice.
165. Judge’s power to put questions or Order production.
166. Power of jury or assessors to put questions.
Chapter 11 OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence.
THE SCHEDULE
ALLIED LAWS
– DRAFT REPORT OF THE SELECT COMMITTEE
– PROCEEDINGS OF THE COUNCIL OF THE GOVERNOR-GENERAL OF INDIA
– SECOND REPORT OF THE SELECT COMMITTEE
– PROCEEDINGS OF THE COUNCIL OF THE GOVERNOR-GENERAL OF INDIA
ALLIED LAWS
– THE BANKERS’ BOOKS EVIDENCE ACT
– THE COMMERCIAL DOCUMENTS EVIDENCE ACT
– THE CONSTITUTION OF INDIA
– THE COMMISSIONS OF INQUIRY ACT, 1952
– THE [XXX] MAJORITY ACT, 1875
– THE CUSTOMS ACT, 1962
– THE CORONERS ACT, 1871
– THE CONSUMER PROTECTION ACT, 1986
– THE CODE OF CIVIL PROCEDURE, 1908
– THE POWERS OF ATTORNEY ACT, 1882
– THE CODE OF CRIMINAL PROCEDURE, 1973
– THE INFORMATION TECHNOLOGY (USE OF ELECTRONIC RECORDS AND DIGITAL SIGNATURES) RULES, 2004
– THE OATHS ACT, 1969
– NARCOTIC DRUGS AND PSYCHOTROPIC STANCES ACT, 1985
– (THE)TERRORIST-AFFECTED AREAS (SPECIAL COURTS) ACT, 1984
– THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988
– THE REGISTRATION ACT, 1908
– THE NEGOTIABLE INSTRUMENTS ACT, 1881
– THE FAMILY COURTS ACT, 1984
– THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
– THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989
– THE USURIOUS LOANS ACT, 1918
– THE PROTECTION OF CIVIL RIGHTS ACT, 1955
SUBJECT INDEX
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