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Indian Evidence Act, (1 of ): (With Exhaustive Case Law) The site Book Review Author interviews, book reviews, editors' picks, and more. Indian Evidence Act by Nageshwar Rao from Only Genuine Home · Books. Indian Evidence Act (English, Hardcover, Nageshwar Rao). Share . amend the law of Evidence;. It is hereby This Act may be called the Indian Evidence Act,. The facts that other entries made by A in the same book are.

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About the Author. Professor K D Gaur, former Vice-Chancellor, Professor and Head, Post-Graduate Department of Law, Utkal University Bhubaneshwar. - download Indian Evidence Act, (Lawmann's) book online at best prices in india on Read Indian Evidence Act, (Lawmann's) book . A Critical Commentary Covering Emerging Issues and International Developments - This section-wise commentary on the law of evidence offers a unique.

Flipboard Courts can rely on electronic records without certificate: Supreme Court The court's clarification will have an impact on criminal trials, where call details records, CCTV footage, mobile video recordings and CDs are being relied upon. PTI Feb 04, , The top court's clarification on section 65B of Indian Evidence Act , which deals with admissibility of electronic evidence in court proceedings, will have an impact on criminal trials, where an increasing number of call details records, CCTV footage, mobile video recordings and CDs are being relied upon. Interpreting section 65B 4 of the Evidence Act, a bench of Justices A K Goel and U U Lalit said the provision should be applied only when such electronic evidence is presented by a person who is in a position to produce such certificate. Section 65 B of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings. The top court, while examining the issue of video recording of crime scene in the country, dealt with the question if electronic evidence can be admissible for reliance in judicial proceedings. It said that if a person is not in a position to produce such certificate the provision of 65B should not be applied.

In section 34, for the words "Entries in the books of account", the words "Entries in the books of account, including those maintained in an electronic form" shall be substituted.

In section 35, for the word "record" in both the places where it occurs, the words "record or an electronic record" shall be substituted. For section 39, the following section shall be substituted, namely :- " What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made".

After section 47, the following sections shall be inserted, namely :- "47A. Opinion as to digital signature where relevant. When the Court has to form an opinion as to the digital signature or any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.

In section 59, for the words "contents of documents" the words "contents of documents or electronic records" shall be substituted. After section 65, the following sections shall be inserted, namely:- 65A. The contents of electronic records may be proved in accordance with the provisions of section 65B. Admissibility of electronic records. After section 67, the following section shall be inserted, namely :- "67A. Illustration A sues B for trespass on his land.

B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.

Judgments, etc. Illustrations a A and B separately sue C for a libel which reflects upon each of them. C in each case says, that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither.

A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.

B denies that C is A's wife, but the court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. The judgment against B is irrelevant as against C. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. The existence of the judgment is relevant, as showing motive for a crime. The previous conviction is relevant as a fact in issue.

The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

Opinions of experts. Such persons are called experts. Illustrations a The question is, whether the death of A was caused by poison.

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The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.

Another document is produced which is proved or admitted to have been written by A.

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The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. Comments Conflict of opinion of Experts When there is a conflict of opinion between the experts, then the Court is competent to form its own opinion with regard to signatures on a document; Kishan Chand v.

Expert opinion admissibility Requirement of expert evidence about test firing to find out whether double barrel gun is in working condition or not, not necessary; Jarnail Singh v. The evidence of a doctor conducting post mortem without producing any authority in support of his opinion is insufficient to grant conviction to an accused; Mohd Zahid v. Opinion to be received with great caution The opinion of a handwriting expert given in evidence is no less fallible than any other expert opinion adduced in evidence with the result that such evidence has to be received with great caution; Ram Narain v.

Facts bearing upon opinions of experts. Illustrations a The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that person, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.

The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant. COMMENTS tc "COMMENTS" Admissibility The science of identification of footprints is not a fully developed science and therefore if in a given case, evidence relating to the same is found satisfactory it may be used only to reinforce the conclusions as to the identity of a culprit already arrived at on the basis of other evidence; Mohd.

Aman v. State of Rajasthan, 4 Supreme Opinion as to handwriting, when relevant. Illustration The question is, whether a given letter is in the underwriting of A, a merchant in London. B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon.

Opinion as to existence of right or custom, when relevant. Illustration The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section. Opinions as to usages, tenets, etc. Opinion on relationship, when relevant.

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 4 of or in prosecutions under section , , or of the Indian Penal Code 45 of Illustrations a The question is, whether A and B were married.

The fact that they were usually received and treated by their friends as husband and wife, is relevant. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Grounds of opinion, when relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion. In civil cases character to prove conduct imputed, irrelevant.

In criminal cases, previous good character relevant. Previous bad character not relevant, except in reply. Character as affecting damages. Fact judicially noticeable need not be proved.

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Facts of which Court must take judicial notice. 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.

If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so, unless and until such person produces any such book or document as it may consider necessary to enable it to do so. Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions. Proof of facts by oral evidence.

Oral evidence must be direct. Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

Proof of contents of documents. Primary evidence. Illustration A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

Secondary evidence. Illustrations a A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.

Presence of document proved from the facts pleaded - Allowing secondary evidence not illegal; Sobha Rani v. Tape-recorded statements are admissible in evidence; K. Mohan v. Shivalingaiah v. Proof of documents by primary evidence. Cases in which secondary evidence relating to documents may be given.

In cases a , c and d , any secondary evidence of the contents of the document is admissible. In case b , the written admission is admissible. In case e or f , a certified copy of the document, but no other kind of secondary evidence, is admissible.

In case g , evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

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Special provisions as to evidence relating to electronic record. Admissibility of electronic records. Rules as to notice to produce. Proof of signature and handwriting of person alleged to have signed or written document produced.

Proof of execution of document required by law to be attested. Proof where no attesting witness found. Admission of execution by party to attested document. Proof when attesting witness denies the execution. Proof of document not required by law to be attested.

Comparison of signature, writing or seal with others admitted or proved. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

Proof as to verification of digital signature. Public documents. Private documents. Certified copies of public documents. Proof of documents by production of certified copies.

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Proof of other official documents. Copies of public documents, to be as good as original documents in certain cases. Presumption as to genuineness of certified copies. Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

The Court shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, the official character which he claims in such paper.

Presumption as to documents produced as record of evidence. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. Presumption as to Gazettes in electronic forms. Presumption as to document admissible in England without proof of seal or signature. Presumption as to maps or plans made by authority of Government. Presumption as to collections of laws and reports of decisions. Presumption as to powers-of-attorney.

Presumption as to certified copies of foreign judicial records. Presumption as to books, maps and charts. Presumption as to telegraphic messages. Presumption as to electronic messages. Presumption as to due execution, etc. Presumption as to documents thirty years old. This Explanation applies also to section Illustrations a A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper.

The mortgagor is in possession. This Explanation applies also to section 81A. Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents. Exception 2. Explanation 3. Illustrations a If a contract be contained in several letters, all the letters in which it is contained must be proved. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo.

The evidence is admissible. Oral evidence is offered of the payment. Exclusion of evidence of oral agreement.

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Proviso 1. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso 3. Proviso 4. Proviso 5. Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract: Proviso 6.

The goods are shipped in a particular ship which is lost. The fact that that particular ship was orally excepted from the policy, cannot be proved. The fact that, at the same time, an oral agreement was made that the money should not be paid till the thirty-first March, cannot be proved. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed, cannot be proved.

This fact may be proved. A may prove that such a mistake was made as would by law entitle him to have the contract reformed.

B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired. B may prove the verbal warranty. A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them.

It is silent on the subject of board. A may not prove that board was included in the term verbally. B keeps the receipt and does not send the money. In a suit for the amount, A may prove this. The writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered. Comments Deed of collateral security: Inference can be drawn regarding proof of document by admission of parties either oral or other evidence; B. Lohar v. Goyal, AIR Sikkim Position of stranger The rule as to exclusion of oral by documentary evidence governs the parties to the deed in writing.

A stranger to the document is not bound by the terms of the document and is, therefore, not excluded from demonstrating the untrue or collusive nature of the document or the fraudulent or illegal purpose for which it was brought into being; Parvinder Singh v. Renu Gautam, 4 SCC Exclusion of evidence to explain or amend ambiguous document. Evidence cannot be given to show which price was to be given. Evidence cannot be given of facts which would show how they were meant to be filled.

Exclusion of evidence against application of document to existing facts. A has an estate at Rampur containing bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

Evidence as to document unmeaning in reference to existing facts. A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house of Howrah. Evidence as to application of language which can apply to one only of several persons. Illustrations a A agrees to sell to B, for Rs. A has two white horses. Evidence may be given of facts which show which of them was meant.

Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haidarabad in Sindh was meant. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell. Evidence as to meaning of illegible characters, etc. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Who may give evidence of agreement varying term of document. Illustration A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery.

This could not be shown as between A and B, but it might be shown by C, if it affected his interests. Saving of provisions of Indian Succession Act relating to Wills.

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Burden of proof. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations a A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. A must prove the existence of those facts. Please help improve this section by adding citations to reliable sources.

Unsourced material may be challenged and removed. For those Facts Evidence is Given to the Court by two ways, One is Orally and Second is Documentary includes Electronic Documents , Oral Evidence mostly suggest the Verbal deposition before the Court and not other wise , and Which includes oral statement regarding materials too, Documentary Evidence suggest the Documents.

So The Evidence Regarding Matter which have number of Facts, for which Evidence by way of oral or Documentary produced before the court for its Evaluation for either one fact or facts. Court by going through those Documentary Evidence and Oral Evidence decide that particular fact and all facts are proved or not, or whether the fact or facts can be presumed to be proved? In Evaluation as above said by looking into the Oral and Documentary Evidence Court decide whether particular fact is proved or not, or facts are proved or not, In Evaluation there are two concepts to prove facts; One is Prove Prove, Disprove or Not prove and Other is Presumption that fact is proved may Presume, Shall presume and Conclusive proof After going to Oral and Documentary Evidence Court see that whether any fact or facts are proved by looking to such evidence or not?

If at all no evidence is given or enough evidence is given for the fact its said fact is 'Not proved'; The second Concept for evaluation is "Presumption" In Evidence many Section suggest these presumptions, Where there is said Facts 'may presume', Court is extremely free to believe it or not and may ask to prove the fact, In 'shall presume' there is more weight given to believe facts but in that too court may ask to give more evidence to prove the facts, Where in any provision it is said that particular fact, or particular fact in particular circumstances must be concluded as "conclusive proof' Court has no liberty then to believe it to be proved.

Question 1 What is the Evidence given of? Answer 3 "Burden of Proof" of particular fact or "Onus of proof" to prove whole case lies on the Prosecution incharge Question 4 What are the Evaluation of the Facts.