Evidence Act 1872

Re-examination of a witness, subsequent to the cross-examination(Sec-137 of Indian Evidence Act)

8 min read

Evidence Act 1872

Re-examination of a witness, subsequent to the cross-examination(Sec-137 of Indian Evidence Act)

Examination in terms of the provisions of the Indian Evidence Act envisages examination in chief, cross-examination and re-examination, as would appear from Sections 137 and 138 thereof. A person whose evidence has been taken by way of an examination...

7 min read

Evidence Act 1872

Marking of documents during cross examination by showing the documents to the witness

To appreciate the merits , we may consider marking of documents during cross examination by showing the documents to the witness. The documents in the possession of the cross-examiner may either be admissible in itself or inadmissible. In a...

5 min read

Evidence Act 1872

Even strong circumstances cannot take place of proof and guilt have to be proved by prosecution beyond reasonable doubt-EXPLAIN

Supreme Court has, time out of number, observed that while appreciating circumstantial evidence the Court must adopt a very cautious approach and should record a conviction only if all the links in the chain are complete pointing to the...

How to discharge burden of proof- Give example

8 min read

Evidence Act 1872

How to discharge burden of proof- Give example

notwithstanding the general burden on the prosecution to prove the offence, the burden of proving the absence of the ingredients of the offence under certain circumstances was on the accused.

Whether the statement made by a victim having suffered 100% burn injuries could be accepted?

4 min read

Evidence Act 1872

Whether the statement made by a victim having suffered 100% burn injuries could be accepted?

Therefore, the mere fact that the patient suffered 92% burn injuries as in this case would not stand in the way of patient giving a dying declaration which otherwise inspires the confidence of the Court and is free from...

Corroboration of the testimony of a single witness in Murder Case

6 min read

Evidence Act 1872

Corroboration of the testimony of a single witness in Murder Case

The decision of this Court in the case of Vemireddy Satyanarayan Reddy vs. State of Hyderabad, (1956) SCR 247 (B) was also relied upon in support of the contention that in a murder case the court insists on corroboration...

61 min read

Evidence Act 1872

Whether contents of a memory card being electronic record U/S 2(1)(t) of IT Act can be termed as “document”: SC says yes-29/11/2019.

P. Gopalkrishnan @ Dileep Versus State of Kerala and Anr.- Whether contents of a memory card being electronic record under Sec 2(1)(t) of IT Act 2000 would qualify as a “document” Section 3 of the Indian Evidence Act, 1872...

Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19

17 min read

Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19

Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate...

Evidentiary value of confession

2 min read

Evidence Act 1872

Evidentiary value of confession

In Yakub Abdul Razak Memon, after referring to several judgments of this Court on the evidentiary value of confession particularly judgment of this Court in Nalini, this Court summed up the position of law on the evidentiary value of...

Testimony of the approver

5 min read

Evidence Act 1872

Testimony of the approver

Supreme Court in Sarwan Singh Vs. The State of Punjab, wherein it has been held as follows: …An accomplice is undoubtedly a competent witness under the Indian Evidence Act. There can be, however, no doubt that the very fact...

50 min read

Yashwant Sinha & Ors. Vs. Central Bureau of Investigation through its Director & ANR – 10/04/2019

Under the common law both in England and in India the context for material being considered by the court is relevancy. There can be no dispute that the manner in which evidence is got namely that it was procured...

Expert witness rendering opinion evidence, DNA testing & Superimposition technique

4 min read

Expert witness rendering opinion evidence, DNA testing & Superimposition technique

The law of evidence is designed to ensure that the court considers only that evidence which will enable it to reach a reliable conclusion. The first and foremost requirement for expert evidence to be admissible is that it is...

Re-examination of a witness, subsequent to the cross-examination(Sec-137 of Indian Evidence Act)

Marking of documents during cross examination by showing the documents to the witness

Even strong circumstances cannot take place of proof and guilt have to be proved by prosecution beyond reasonable doubt-EXPLAIN

How to discharge burden of proof- Give example

Whether the statement made by a victim having suffered 100% burn injuries could be accepted?

Corroboration of the testimony of a single witness in Murder Case

Whether contents of a memory card being electronic record U/S 2(1)(t) of IT Act can be termed as “document”: SC says yes-29/11/2019.

Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19

Evidentiary value of confession

Testimony of the approver

Yashwant Sinha & Ors. Vs. Central Bureau of Investigation through its Director & ANR – 10/04/2019

Expert witness rendering opinion evidence, DNA testing & Superimposition technique

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