Evidence

EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 : 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 [s45]
• OpinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion., 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 judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) 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