“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Category: EVIDENCE
Evidence Act-1841 [Government of the East India Company]
And it is hereby enacted, that it shall be lawful for any Court within the Territories under the Government of the East India Company, and the several Judges thereof, in every Civil proceeding depending in such Court, upon the application of any of the parties to such proceeding, to order the examination, upon interrogatories or otherwise, before any Officer of and such Court, or other person
Hearsay evidence becomes admissible U/S 6 of Indian Evidence Act
In Sukhar v. State of U.P., (1999) 9 SCC 507, The 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.
Appreciation of evidence in criminal cases-Instructions for trial judges
The object of hearing evidence is to enable the Court to Form its belief in the truth or otherwise of the alleged occurrence and of the guilt of the accused. This, it has to do by evaluating or correlating the various facts in the evidence on which the proof of guilt is made to rest The occurrence and the commission thereof by the accused are the two essential facts the truth whereof is to be discovered. The discovery of any fact can be had either by direct perception or by inference.
Commissions for examination of witnesses should not be allowed ordinarily in criminal cases
Dharmanand Pant Versus State of U.P -Witnesses in a criminal case should not be examined on commission except in extreme cases of delay, expense or inconvenience and in particular the procedure by way of interrogatories should be resorted in unavoidable…
Vulnerable victims are allowed pre-recording of evidence under new protection measures in UK
The new technology allows vulnerable witnesses and victims to have their cross-examination video-recorded earlier in the process and played during the trial. This is to ensure they can provide their best evidence, away from the courtroom which many can often find intimidating.
Federal Rules of Evidence
These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions
Burden of proof in election cases
Appreciation of evidence and burden of proof in election cases-In our country, election is a fairly costly and expensive venture and the Representation of People Act has provided sufficient safeguards to make the elections fair and free. In these circumstances, therefore, election results cannot be lightly brushed aside in election disputes.
Security Guidelines for Certifying Authorities
Under Information Technology (Certifying Authorities) Rules, 2000 SCHEDULE-III [See rule 19(2)] Index 1. Introduction 2. Security Management 3. Physical controls – site location, construction and physical access 57 4. Media Storage 5. Waste Disposal 6. Off-site Backup 7. Change and…
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 in…
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 necessary to hear the expert evidence. The test is that the matter is outside the knowledge and experience of the layperson. Thus, there is a need to hear an expert opinion where there is a medical issue to be settled.
The meaning of “discovery of fact”
The Supreme Court has explained the meaning of “discovery of fact” in consequence of information received from the accused laid down in Section 27 of the Evidence Act in paragraph 35 of “State of Maharashtra V. Damu” reported in (2000) 6 SCC 269, as follows:…
Advocatetanmoy Law Library 