CIVIL

Evidence

Law referencer

Evidence: means and includes ––
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;
(2)  all documents including electronic records produced for the inspection of the Court;
such documents are called documentary evidence.[Indian evidence Act sec 3]


What is evidence

  • Purpose of evidence to prove a Fact conclusively
  • Judge to decide as to admissibility of evidence[s136]
  • Evidence may be given of facts in issue and relevant facts.[s5]
  • Admission[s17]
  • Confession caused by inducement, threat or promise, when irrelevant in criminal
    proceedingis not evidence[s24]
  • Statement u/s 32 is evidence
  • The opinions of experts is evidence[s 45]
  • Opinion, expressed by conduct, as to the existence of any relationship is evidence of relation ship[s 50]

Appreciation of Evidence

  1. Proof of facts by oral evidence –– All facts, except the contents of documents or  electronic records], may be proved by oral evidence
  2. Oral evidence must be direct
  3. Burden of proof –– Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person[s101]
  4.  Court may presume existence of certain facts[s114]
  5. Estoppel of evidence[s115] may disallow to a witness
  6. under s 144 objections could be made against a witness , if he proposes to make any statement about the contents of any written documents.
  7. u/s145, Cross-examination as to previous statements in writing.
  8. Questions tending to corroborate evidence of relevant fact, admissible[s156]
  9. Former statements of witness may be proved to corroborate later testimony as to same fact[s157]
  10.  Court can ask for Production of documents u/s 162
  11. judgment must be based upon facts declared by this Act to be relevant, and duly proved u/s 165

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