- Evidence before Statutory Commission
- Evidence before the Quasi-Judicial Body
- Evidence under Departmental Inquiry
- Recording Evidence by the Civil Court
- Recording evidence By the Criminal Court
|| Evidence Law Decoded
||Indian Evidence Act 1872
||Short title, extent and Commencement
||Repeal of enactments
||Evidence may be given of facts in issue and relevant facts
||Relevancy of facts forming part of same transaction
||Facts which are the occasion, cause or effect of facts in issue
||Motive, preparation and previous or subsequent conduct
||Facts necessary to explain or introduce relevant facts
||Things said or done by conspirator in reference to common design
||When facts not otherwise relevant become relevant
||In suits for damages, facts tending to enable Court to determine amount are relevant
||Facts relevant when right or custom is in question
||Facts showing existence of state of mind, or of body or bodily feeling
||Facts bearing on question whether act was accidental or intentional
||Existence of course of business when relevant
||Admission by party to proceeding or his agent by suitor in representative character
||Admissions by persons whose position must be proved as against party to suit
||Admissions by persons expressly referred to by party to suit
||Proof of admissions against persons making them, and by or on their behalf
||When oral admissions as to contents of documents are relevant
||When oral admission as to contents of electronic records are relevant
||Admissions in civil cases, when relevant
||Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
||Confession to police officer not to be proved
||Confession by accused while in custody of police not to be proved against him
||How much of information received from accused may be proved
||Confession made after removal of impression caused by inducement, threat or promise relevant
||Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
||Consideration of proved confession affecting person making it and others jointly under trial for same offence
||Admissions not conclusive proof, but may estop
||Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
||Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
||Entries in books of account including those maintained in an electronic form] when relevant
||Relevancy of entry in public record or an electronic record made in performance of duty
||Relevancy of statements in maps, charts and plans
||Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
||Relevancy of statements as to any law contained in law-books
||What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
||Previous judgments relevant to bar a second suit or trial
||Relevancy of certain judgments in probate, etc., jurisdiction
||Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
||Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
||Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
||Opinions of experts
||Facts bearing upon opinions of experts
||Opinion as to handwriting, when relevant
||Opinion as to digital signature when relevant
||Opinion as to existence of right or custom, when relevan
||Opinion as to usages, tenets, etc., when relevant
||Opinion or relationship, when relevant
||Grounds of opinion, when relevant
||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
||Facts of which Court must take judicial notice
||Facts admitted need not be proved
||Proof of facts by oral evidence
||Oral evidence must be direct
||Proof of contents of documents
||Proof of documents by primary evidence
||Cases in which secondary evidence relating to documents may be given
||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 as to digital signature
||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
||Proof as to verification of digital signature
||Certified copies of public documents
||Proof of documents by production of certified copies
||Proof of other official documents
||Presumption as to genuineness of certified copies
||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 power-of-attorney
||Presumption as to electronic agreements the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of 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. of documents not produced
||Presumption as to documents thirty years old
||Presumption as to electronic records five years old
||Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
||Exclusion of evidence of oral agreement
||Exclusion of evidence to explain or amend ambiguous document
||Exclusion of evidence against application of document to existing facts
||Evidence as to document unmeaning in reference to existing facts
||Evidence as to application of language which can apply to one only of several persons
||Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
||Evidence as to meaning of illegible characters, etc
||Who may give evidence of agreement varying term of document
||Saving of provisions of Indian Succession Act relating to wills
||Burden of proof
||On whom burden of proof lies
||Burden of proof as to particular fact
||Burden of proving fact to be proved to make evidence admissible
||Burden of proving that case of accused comes within exceptions
||Burden of proving fact especially within knowledge
||Burden of proving death of person known to have been alive within thirty years
||Burden of proving that person is alive who has not been heard of for seven years
||Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
||Burden of proof as to ownership
||Proof of good faith in transactions where one party is in relation of active confidence
||Presumption as to certain offences
||Birth during marriage, conclusive proof of legitimacy
||Proof of cession of territory
||Presumption as to abetment of suicide by a married woman
||Presumption as to dowry death
||Court may presume existence of certain facts
||Presumption as to absence of consent in certain prosecutions for rape
||Estoppel of tenant; and of licensee of person in possession
||Estoppel of acceptor of bill of exchange, bailee or licensee
||Who may testify
||Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
||Judges and Magistrates
||Communications during marriage
||Evidence as to affairs of State
||Information as to commission of offences
||Section 126 to apply to interpreters, etc
||Privilege not waived by volunteering evidence
||Confidential communications with legal advisers
||Production of title-deeds of witness not a party
||Production of documents or electronic records which another person, having possession, could refuse to produce
||Witness not excused from answering on ground that answer will criminate
||Number of witnesses
||Order of production and examination of witnesses
||Judge to decide as to admissibility of evidence
||Order of examinations
||Cross-examination of person called to produce a document
||Witnesses to character
||When they must not be asked
||When they may be asked
||Evidence as to matters in writing
||Cross-examination as to previous statements in writing
||Questions lawful in cross-examination
||When witness to be compelled to answer
||Court to decide when question shall be asked and when witness compelled to answer
||Question not to be asked without reasonable grounds
||Procedure of Court in case of question being asked without reasonable grounds
||Indecent and scandalous questions
||Questions intended to insult or annoy
||Exclusion of evidence to contradict answers to questions testing veracity
||Question by party to his own witness
||Impeaching credit of witness
||Question tending to corroborate evidence of relevant fact, admissible
||Former statements of witness may be proved to corroborate later testimony as to same fact
||What matters may be proved in connection with proved statement relevant under section 32 or 33
||Testimony to facts stated in document mentioned in section 159
||Right of adverse party as to writing used to refresh memory
||Production of documents
||Giving, as evidence, of document called for and produced on notice
||Using, as evidence, of document production of which was refused on notice
||Judge’s power to put questions or order production
||Power of jury or assessors to put questions
||No new trial for improper admission or rejection of evidence
||Glossary Indian Evidence Act
| WHAT IS EVIDENCE?
“Article 48 All materials that prove the facts of a case shall be evidence. Evidence shall include:
- Physical evidence;
- Documentary evidence;
- Testimony of witnesses;
- Statements of victims;
- Statements and exculpations of criminal suspects or defendants;
- Expert opinions;
- Records of crime scene investigation, examination, identification and investigative experiments;
- Audio-visual materials, and electronic data.
The authenticity of evidence shall be confirmed before it can be admitted as the basis for making a decision on a verdict.”[Criminal Procedure Law of the People’s Republic of China]
Following five materials are Relevant for the purpose of Evidence and could be proved
1. Facts connected with the other facts (ss 6-16)
In Sukhar v. State of U.P., (1999) 9 SCC 507, Supreme court has explained the provisions of Section 6 of the Evidence Act, 1872 observing that it is an exception to the general rule whereunder the hearsay evidence becomes admissible. However, such evidence must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. The statements sought to be admitted, therefore, as forming part of res gestae, must have been made contemporaneously with the acts or immediately thereafter. The essence of the doctrine is that a fact which, though not in issue, is so connected with the fact in issue “as to form part of the same transaction” that it becomes relevant by itself.
2. Statements about the Facts(ss 17-39)
3. Decisions about the Facts(ss 40-44 )
4. Opinion on or about the Facts( ss 45-51)
5. The Character of a person concerned or connected with the facts
Due to Judicial notice or Legal Presumption, few matters are exempted from proof although they may be the subject matter of the above five materials within ss 6-51.
The above facts are called Evidence under section 3 ⇑
Facts could be proved either -
Orally – (Direct viewership) or
Through some concrete materials, such as
a) by written documents ( Original or Copied or Certified )
b) by electronic/ digital material ( Original with Certification)
c) any other concrete materials ( the actual material )
by the method of Examination under oath in a court of law.
The Logic adopted in the Evidence Act is:-
- Some facts Exist
- the existence of the Facts must be proved
- The Facts existed have been proved
A breaking of the above chain resulted in Disprove / not prove / dismissal of the Plaint or Acquittal of the accused.
For indirect evidence to prove a fact, following standard has been adopted by judicial fiction:-
- proof beyond reasonable doubt in case of criminal prosecution
- the standard of probability for civil prosecution
Extract from – FEDERAL RULES OF EVIDENCE (TITLE 28, UNITED STATES CODE )
Rule 104. Preliminary Questions
(a) IN GENERAL. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
(b) RELEVANCE THAT DEPENDS ON A FACT. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
(c) CONDUCTING A HEARING SO THAT THE JURY CANNOT HEAR IT.
The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:
(1) the hearing involves the admissibility of a confession;
(2) a defendant in a criminal case is a witness and so requests;
(3) justice so requires.
(d) CROSS-EXAMINING A DEFENDANT IN A CRIMINAL CASE. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.
(e) EVIDENCE RELEVANT TO WEIGHT AND CREDIBILITY. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec.1, 2011.)
Rule 301. Presumptions in Civil Cases Generally
In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains
on the party who had it originally.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 401. Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise:
• the United States Constitution;
• a federal statute;
• these rules; or
• other rules prescribed by the Supreme Court.
Irrelevant evidence is not admissible.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 602. Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Apr. 26, 2011, eff. Dec. 1, 2011.)
STATEMENT. ‘‘Statement’’ means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
DECLARANT. ‘‘Declarant’’ means the person who made the statement.
HEARSAY. ‘‘Hearsay’’ means a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.
Rule 901. Authenticating or Identifying Evidence
(a) IN GENERAL. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) EXAMPLES. The following are examples only—not a complete list—of evidence that satisfies the requirement:
(1) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(2) Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
(3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
(4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
(5) Opinion About a Voice. An opinion identifying a person’s voice—whether heard firsthand or through mechanical or electronic transmission or recording—based on hearing the voice at any time under circumstances that connect it with the alleged
(6) Evidence About a Telephone Conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to:
(A) a particular person, if circumstances, including self-identification, show that the person answering was the one called; or
(B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
(7) Evidence About Public Records. Evidence that:
(A) a document was recorded or filed in a public office as authorized by law; or
(B) a purported public record or statement is from the office where items of this kind are kept.
(8) Evidence About Ancient Documents or Data Compilations.
For a document or data compilation, evidence that it:
(A) is in a condition that creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it would likely be;
(C) is at least 20 years old when offered.
(9) Evidence About a Process or System. Evidence describing a process or system and showing that it produces an accurate result.
(10) Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a federal statute or a rule prescribed by the Supreme Court.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)