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Evidence Law KSLU Grand Final Notes
Evidence Law KSLU Grand Final Notes
By
ANIL KUMAR K T
Mob: 9584416446
Karnataka State law university 3 and 5 Years LLB.
ANIL KUMAR K T LLB COACH
Evidence Law
Most Expected questions
1. Define Evidence and Explain the different kinds of evidence?
2. Explain the doctrine of “Res gestae” with the decided cases.
3. What is dying declaration? What are the conditions for its admissibility
as evidence?
4. What is an expert? State the circumstances in which expert opinion
becomes relevant?
5. What are public documents? How they are proved?
6. Define estoppel? State the different kinds of estoppel?
7. Explain the protection given to the following circumstances under
Evidence act. A) Communication between husband-and-wife B)
Communication between client and his advocate.
8. Write a note on confession by co accused.
9. Write a note on Alibi.
10.Write a note on leading questions.
11.Define admissions? Distinguish it from confession?
12.Define secondary evidence? State the cases in which secondary evidence
relating to documents may be given.
13.What is burden proof? On whom it lies?
14.Explain the different kinds of privileged communication?
15.What is 1) Examination in chief 2) Cross examination 3) Re examination
of witness.
16.Explain the circumstances in which facts not otherwise relevant become
relevant?
17.Discuss the relevancy of character evidence.
18.Write a note on presumption as to legitimacy of child.
19.Define evidence? Distinguish between relevancy and admission of
evidence.
20.Explain the relevancy of introductory and explanatory facts.
21.Oral evidence in all cases whatever be direct explain the statement with
exceptions.
22.Explain the presumptions in Rape and dowry death cases.
23.What are leading questions? When these can be asked?
24.Write a note on public document.
25.Write a note on hostile witness.
26.Discuss the relevant facts showing preparation, motive and conduct.
27.What is confession? Discuss the evidentiary value of confession of co
accused?
28.Explain the conditions of relevancy of dying declaration?
29.Explain the relevance of character evidence in civil and criminal cases.
30.Discuss the privileges available to communications between advocates
and clients?
31.Write a note on Identification parade.
32.Explain the circumstances in which secondary evidence relating to
documents may be given.
33.Define evidence? “ The rules of evidence are in general same in civil and
criminal cases” Explain?
34.Explain the relevancy of the facts forming the part same transaction with
illustrations?
35.Write a note on professional communications.
36.No confession made to a police officer shall be proved as against a
person accused of any offence. Comment? What are the exceptions
recognized under the Indian Evidence act?
37.Explain the scope and extent of privilege conferred on professional
communications as essential in the Indian evidence act.
38.Discuss the provisions relating to character evidence.
39.Explain “may presume” shall presume and conclusive proof?
40.Discuss the scope of cross examination and Explain the questions lawful
in cross examination.
41.Explain the circumstances in which judgement of the courts become
relevant.
42.Explain the scope of sections 113A and 114A under Indian Evidence Act.
43.Write a note on accomplice.
BY
ANIL KUMAR K T LLB COACH
Define Evidence and Explain the different Kinds of Evidence?
Introduction:
The term “Evidence” means anything by which any alleged matter of fact is
witnesses, in election to matter to fort under inquiry. Such statements are called
oral Evidence.
The term Evidence includes all the legal means which prove or disapprove any
proof e.g. The statements of the parties the result of Local Investigation, facts of
which the court takes judicial notice, and any real or personal property.
All documents produced for the inspection of the court such documents are
called documentary evidence. The evidence covers the evidence of witness and
documents evidence.
Kinds of Evidence :
1. If a person who saw the fact comes and gives evidence then it is
direct evidence.
direct evidence.
is direct evidence.
Circumstantial Evidence
The Circumstances which existed at the time of committee of the offence never
change and hence, they have very important evidentiary value. But conviction
The Plaintiff, the legally married life of defendant No.1 filed a suit for recovery
of articles which included gold ornaments given as dairy to the defendant and
other or in the alternative the price for the same amounting to Rs. 16,440/- with
future interest
2.The Learned subordinate judge after hearing all the necessary issues and
receiving evidence adducted by both parties decreed the suit in part directing
the defendants to return the Plaintiffs wearing ornaments failing which the
Plaintiff shall recover a sum of Rs. 972 from then, but he rejected her claim to
3.In the appeal, the Orissa High Court held that from the evidence adduced by
the Plaintiff that she life the husband’s house in an unpleasant situation and so
allowed her to take away all the ornaments she had brought with her a swell as
4.The court further held that the facts and circumstances and the broad
probabilities of the case lead us to believe that the plaintiff was not allowed to
take back her gold ornaments which she had brought as dowry to the house of
the defendants.
5.The court decided the case in the Plaintiff favour and calculating the value of
the gold at the rate of Rs. 400/- per tola for 12 tolas of golden ornaments it
awarded Rs. 4800/- which the Plaintiff is entitled to recover from the defendants
evidence which is not based upon personal vision of hearing, but based on the
learning through the medium of a third person. For Ex. If A seen the Commission
of the murder and given evidence in a count, then it is direct evidence and it is
evidence.
Oral Evidence
Generally both oral and documentary evidences are produced to prove a case.
The General rule is that when there is a document to prove a matter, this oral
evidence should not be produced but only documentary evidence should be
produced.
Documentary Evidence:
The basis of the rule is to produce the list available Evidence. So when
writing.
Mahabir Prasad Vs. Surinder Karur, AIR 1982. The Supreme Court held that the
of conservation.
4) Counterparts of documents
3.Real Evidence and Personal Evidence
Real Evidence:
judge. It is placed before the judge of his direct inspection / observation to prove
a fact in issue, several material objects are produced before the Judge for his
Personal Evidence:
the witness box. Here the witness has to come to the court in person and give
For Eg. A eye witness to a murder car come to count in person and give evidence
Substantive Evidence:
Substantive Evidence is that evidence which may be relied for the proof or
Introduction:
(Sec – 6 to 17)
The term “Res gestae” means the facts and declaration made incidental to the
main fact or transactions like in the case of murder, stained knife, confession of
the accused etc. They are all incidental to the main facts which include acts,
The Res gestae in Criminal offences means the complete criminal transaction
from the beginning to end. The facts and declaration must be connected
Eg: A is Accused of murdering B by stabbing him. The words said or action done
by A or the people on looking the incident at the time of the stabbing or shortly
before or after the incident, which forms part of the transaction is a relevant
fact.
places. In such a case, where the transaction consists of different acts in order
to establish the claim of acts as part of the same transaction. The acts must take
place at a unity of place. There must be continuity of action and there must be
3.It must be simultaneous with the act. In the given Ex. the statements made by
the persons who have been the incident and who uttered it simultaneously with
the incident or soon after the incident so that the speaker is still under the
4.It must be under the influence of the act. The physical acts and words at the
Case Laws
The accused was cutting the throat of woman in the up stairs of a building. The
deceased Woman shouted while coming out of the room ‘Oh Aunt” see what
bending field has done to me” The count held that the words of the deceased
were inadmissible or Res Gestae. If she had cried “Oh Aunt” it would be an
In this case wife was murdered by the husband his father and mother. As soon
as she was pushed into the room, she had cried for help. The Children who were
playing outside in the veranda Exclaimed that their mother was being killed. The
In this case the accused set fire to a bus, in which some persons were
travelling. Since there was a time gap between the denying declaration by the
persons who were injured and fire incident the statements made by t hem
were not admissible as res gestae i.e. not admissible as part of the same
transaction.
4.What is dying Declaration? What are the condition for its admissibility as
Evidence?
Introduction:
Section 32 (1)
death.
It refers to a declaration made by a person by way of signs, verbal
death bed
The dying declaration is admissible or evidence because of the nature and time
This declaration can be used as Evidence both in civil and criminal cases.
2.The person making statement i.e the declaring must be found dead after
3.There must be proximity of time in making of the statement and time of death.
This is very important while deciding whether the statement is covered under
evidence.
The whole statement is not admissible as evidence only the following portions
which his death resulted then such portion which describe the circumstance is
relevant.
9.If the declaration says about the cause of his death thus such portion alone is
admissible..
The deceased was burnt and she died of the burnt injuries. In her dying
declaration which contained statements regarding the person who tortured her,
she gave a wrong name of the father of the deceased but after investigation,
she clarified the correct name of the further of the accused. It was held that her
In this case the Supreme Court interpreted the meaning of the word statements
becomes relevant?
Introduction
Expert is defined Under section 45 of Indian Evidence Act as the person who is
skilled and has special knowledge and Experience in the following field
• Foreign law
• Identify of Handwriting
• Electronic Evidence
In the above case the Hon’ble Supreme Court has broadly dealt and interrupted
c) The Real function of the expert is to put before the court all
an advisory character.
conclusions.
In this case the Hon’ble Supreme Court further laid down that mere assertion
without mentioning the data or basis in support of his opinion is not Evidence,
alone.
Section 51 of the Indian Evidence act provides the grounds of opinion when
relevant according to this section when the opinion of a living person are
relevant, the grounds on which the opinion are formed, is also relevant. For
considered to be relevant.
Introduction:
duties. All public documents means of a copy without producing the original.
But documents are not proved in this way. Some of them require special proof.
Example:
1. An Electoral roll is a Public document and hence it does not require any
formal proof and the certified copies of the same are sufficient proof.
the original or certified copy issued by the lawful attendance of the document
agent.
Introduction:
The term “Estoppel” is derived from the word “Estop” which means stop
truth of what he had said or done. It is a rule based on the principles of equity
Section 115 of the Evidence Act defines Estoppel as when one person has by his
deny the truth of such thing in a sent between himself and such other person,
For ex “A intentionally and falsely leads “B” to believe that a certain land
belonged to him, they by he inducted “B” to buy and pay for it. “A” is not the
owner of the Land at the time of sale. So “B” could not get the land, but if “A”
gets the land afterwards or after sale, then “A” is Estopped to deny his previous
Such Act, should be such that it makes a person believe a thing to be true.
Then the first person is not allowed to deny the truth of the thing.
All the above said things should be in a suit or proceeding between himself and
5. Estoppel by negligence.
10.Promissory Estoppel
such person is not allowed to deny such facts. In England a deed is executed in
cannot deny the truth of the deed. But in India, such deed is only an admission
Section 31)
“A” gifted her property to her daughter “B” In the gift deed, she puts a condition
that after the death of “B” the property will go to “A” s sons. One of the two
sons of “A” indeed a purchaser to buy his sister’s “B” property and only one of
the sons of “A” signed the document and the other son merely attested it is a
witness. The Property came to “A’s sons after death. The purchaser claimed the
property
It was held that the purchaser cannot get the property because of the mere
attention of the contents of the deed. So the estoppel plea fails here
inducing a third person to do a thing and if the third person sustain any loan,
“B often declared as though he was the agent of the Principal “A” “A” remained
silent on all such occasions of declarations as agent by “B” if “C” has acted upon
the words and inducement of “A” then “A” is prevented from denying the fact
This refers to a belief in a fact and not in proportion of loss. Estoppel can never
lie on points of Loss and it will lie only on point of fact. One should have believed
4.Equitable Estoppel
Indian Evidence act is not Exhaustive to give all the instances of Estoppel. It is
Estoppel by negligence:
Because of negligence of one person another person may get right. This right
got by the second person cannot be denied by the first person afterwards. For
ex if “A” is negligent about the wilful declared on of “B” as “A” s agent, then “A”
majority an thereby induces another to enter into a contract with him then the
Estoppel is a rule of civil action and it does not apply to criminal cases.
A tenant is Estoppel from denying the fact that the person through whom he
claims such tenancy is a land lord and valid title holder of the immovable
dresser to dress such a bill for Ex if “A” is the acceptor of a bill of Exchange and
“B” is the dresser to drew such Bill, then “A” cannot deny the authority of “B”.
Promissory Estoppel:
Promissory Estoppel means that if a person makes a promise to the other person
by words or conduct and if the other person acts on such promise and changes
his position to his detriment, then the person who given such promise is not
promises made to other persons and the government is Estoppel from going
act:
Thus, if a husband commits a murder of some other person and tells this to his
wife, his wife cannot compelled to give Evidence of it, Even if she is prepared to
give Evidence, her husband can prevent her from giving such evidence, because
But if the wife had knowledge a murder from somebody other than her
Facts:
Rathi, daughter of Varghese, was married to Ponnan in 1964. After the marriage,
Ponnan and Rathi were living separately, Ponnan wrote from Bombay letters to
Rathi who was then residing with her parents at Trivandrum. The letters
Varghese the father of Rathi, filed a criminal complaint on her behalf, in the
without the express consent of his client to disclose the following matters.
knowledge.
purpose
For communications of civil wrongs committed by the client, after the
continues. Even after the Engagement leases. But it must not be for criminal
purpose.
For Ex. A client says to B an Advocate, that he had committed forgery. This is
client says to “B” an Advocate, that he wishes to obtain some property by filing
a suit with some forged documents. This is for a criminal purpose and so it is not
a privileged communication.
an evidence against the other accused persons, but the general role is that
with the Exception to the rule that a confusion cannot bind any person other
makes a confession which affects him self and the others, the court may take it
into consideration not only against the person who confessed, but also against
the others.
Illustration:
X confessed Y and I murdered Z the court may consider the effect of their
confession against Y.
The Privy council in Bhubani V. King discussed the Except scope of Section 30-
confession of co-accused.
where there is Evidence against the co-accused which is sufficient and if the
described U/s 30 may be used as an additional reason for believing that evidence
9.Write a note on Alibi
Introduction:
( Section 11)
The section enables an accused to plead ALIBI i.e absence at the time of
commission of offence. The fact that the accused was far away from the scene
of the offence in constituent with the fact in issue viz, a crime was committed.
But under the section it is relevant to prove that the accused could not have
Eg. The question was whether A committed a member in Chennai. The fact that
To admit collateral fact as relevant, the collateral fact must be first established
matter in dispute.
Thus, in certain cases, the judgment in a previous suit to which one of the parties
Illustration:
day
The fact that, on that day, “A” was at Lathore in relevant. The fact that,
near the time when the crime was committed, “A” was at a distance from
(b) The question is , whether “A” Committed a crime. The circumstances are
Every fact which should that the crime could have been committed by no
exclude the possibility of the presence of the person concerned at the place
of occurrence of crime.
It is well settle that a plea of alibi has got to be proved to the satisfaction of
the court.
Introduction:
( Section 17-23)
An “admission” is a statement either oral or documentary suggesting any
inference as to any fact in issue or relevant fact made by certain persons under
Generally admission are very weak evidence, and may be rejected if the other
An admission in the best evidence against the party making it, and it is not
Ingredients of Admission:
substantive evidence.
Introduction:
(Section 141-143)
A heading question is a question in which the answer is suggested to the witness.
The answer for such or question will always be “yes” or “No”. For E.g your name
The answer for this “Yes” or “No” such questions should not be asked in chief
cross examination, to extract the truth with permission of the count. But when
If suggestion to the witness the answer which is desired that he should give. But
examination. If allowed, it would enable a party to prepare his story and evolve
it in his very words from the mouth of his witness in court. It would tend to
Introduction:
(Section 63)
65)
proved.
the court notice, such person does not produce it, then
3) When the original has been destroyed or lost, or when the party offering
this act, or by any other law to be given in evidence, then certified copy
proved is the general result of the whole collection, thus evidence of the
Examiner is admissible.
13. What is burden proof? On whom it lies?
Introduction:
Section 101
When there are two parties to a dispute then the question arises as to who
has to prove a fact. The answer is that each party has to establish facts which
The burden of proof means the obligation to prove a fact. When a person is
bound to prove the existence or non existence of any facts, then the burden
proof lies on that person. This is the legal burden or burden on pleadings. For
Eg. “A” says that “B” has committee a murder. Here the burden of proof is
If no evidence is given on either side in a case, the case will end in one’s
favour. So the other side has the burden of proof. This is called evidence
burden.
If any person desires any court to give judgment as to any legal right or
prove that such facts Exist. When a person is bound to prove the Existence
A desires a count to give judgment that “B” should be punished for a crime
which “A” says “B” has committed. A must prove that “B” has committed the
Crime.
“B” denies to be true. A must prove the existence of those facts. Person
on whom burden of proof lies ( Section 102) This section fixes the party
on whom the burden of proof lies. The burden of proof lies upon the party
This section states on whom does the burden of proof shall lie. In a case
or a suit, the burden of proof usually lies on the person who will suffer if
the same is not proved. This means that it is necessary for a person to
prove his case since he was the one who has filed a complaint / suit.
Person filing such complaint or suit will have to bear the loss if he/she is
unable to convince the court with the facts that they are stating.
Illustration:
1) Sunil has filed a case stating that the land which is in possession of Anil
belongs to him. Here the burden of proof is on the one who will suffer
if he/she does not prove that the land belongs to him then Axis will
continue to have possession of the land and Sunil will suffer by losing
his land.
The execution of the bond is admitted, but “B” says that it was
either side,
A would succeed as the bond is not disputed and the fraud is not proved.
Introduction:
( Section 121-132)
It is based on the ground of public policy and convenience. The privilege may
6) Professional Communications,
7) Confidential communications
(Section 130)
2) Cross Examination
3) Re Examination of Witness
This is the examination of a witness by the party calling him. The Advocate of
the calling party examines the witness and brings out the facts.
3) Convincing
present
2) Cross Examination
important to bring out the truth or actual facts. The ability of the advocate lies
in cross examination.
The objects of cross examination are to impeach the accuracy, credibility and
general value of the evidence given in chief, to screen and filter the facts already
suppressed facts which will support the case of the cross examining party.
The purpose of Cross examination is two folded firstly the cross examined tries
tainted by Exaggerations or false hoods. Secondly, the adverse party builds his
3) To shake his credit by injury his character although his answer might
It is made by the party calling the witness. If now facts are introduced in the
cross examination by the other party Advocate, then the re-examination, it may
be disapproved
1) Leading questions are allowed only with the connect of the Judge.
3) New fact should be introduced only with the permission of the court.
(Section 153)
When a witness has been asked and when he has answered any question which
is relevant to the inquiry. Only in so far as it tends to shake his credit by injury
This section is meant to Enable parties to carry out the provisions of section 93
and 92. A party can come the opposite party to produce a document.
16. Explain the circumstances in which facts not otherwise relevant become
relevant?
Introduction:
(Section 11)
Section 11 clause 1 says that facts not otherwise relevant are relevant if they
are in constituent with any fact in issue or relevant fact. It means facts which are
not relevant are relevant. If they are in in consistent with the fact in issue
Clause (2) of section 11 says that a fact in relevant if it makes the Existence of a
In the same manner, where the question was whether a person was a habitual
cheat, the fact that the person belonged to an organization which generally
Illustration:
The fact that, on that day “A” was at Lathore is relevant. The fact that,
near the time when the crime was committed, which would render it
either by A, B, C or D . Every fact which should that the crime could have
been committed by no one else, and that it was not committed by either
B, C or D is relevant.
exclude the possibility of the presence of the person concerned at the place of
occurrence of crime
Introduction:
(Section 52-53)
Generally a man’s character is not relevant to prove or disprove a fact. The court
tries the case and not the man. A bad character man may have a good name
case. But in some cases, the character of a witness or the offender is Examined.
Regarding character of a party the relevancy depends upon this facts whether
the character is an issue or not an issue and whether the case is civil or criminal.
tries the case and not the man. A bad character man may have a good name and
case. But in some cases, the character of a witness or the offender is Examined.
Regarding character of a party, the relevancy depends upon the facts whether
the character is an issue or not an issue and whether the case is civil or criminal.
In civil cases character is not at all considered and it is relevant. But only in
awarding damages.
The court held that where the contention that certain promotes had been
obtained from the insolvent while he was under the influence of drink has been
The good character of the accused is always relevant and admissible in criminal
cases
1) The bad character of the accused, is not considered. There are two
character.
2) When the fact in issue is the bad character of the offender, then the
3) By way of defence, one can prove the bad character of the complaint,
for Ex when a man is accused of rape, then he can show evidence for
as it gives the opinion that the accused may not have committed the
crime.
5) New Section 53A by the criminal loss amendment Act, 2013 Evidence
cases.
In prosecution of an offence under Section 354, 354 A, 354 B, 354C, 354D, 376,
376B, 376C, 376 D and 376 E or attempt to commit any of such offences, where
Swaroop and Eleven others were charged for the offence of criminal conspiracy
company. All of them were convicted by the sessions judge. In the appeal to the
Supreme Court, the Supreme Court upheld in decision of the High court.
and re-examined.
In civil cases, the character of any person which would affect the amount of
both reputation and disposition. Howe ever evidence can be given only of
general reputation and general disposition and No. 1 of particulars acted by
Introduction:
( Section 112)
Regarding the proof of legitimating of a child, the burden of proof is on the party
When the particular relationship such as marriage is shown to Exist, then its
* During the continuance of a valid marriage between his mother and any man
or
* within two hundred and eighty days after its dissolution the mother remaining
unmarried
Here, it is a conclusive proof that he is the legitimate son of that man. Thus the
proof that a child is born during the wedlock between a man and women in
sufficient to establish its legitimacy. Then the burden of proof shifts to the other
party, trying to establish that the child was not born out of the wedlock
19. Define Evidence ? Distinguish between relevancy and admission of
evidence.
3. Its mainly Emphasis on what fact are Between relevancy and proof, it acts
or not
admissible
6. The court has the power to apply The discretion cannot be applied by
non presence of different facts under I.E act they become admissible.
21. Oral Evidence in all cases whatever be direct explain the statement with
exceptions.
Introduction:
( Section 60)
All statements which the court permits or requires to be made before it, by
witnesses in relation to the matters of fact under inquiry are called oral
evidence. In simple terms, the evidence of witness given oral is called oral
evidence. Oral evidence includes the statements of witnesses before the court
proved by oral evidence. A witness who cannot speak can communicate his
Oral evidence includes all statements which the court, permits or requires to be
All facts except the contents of documents may be proved by oral evidence.
evidence.
The following are the conditions for direct evidence or rule against hearsay
evidence.
1) If a person who saw a fact comes and given evidence, then it is direct
evidence
2) If a person who heard a fact comes and given evidence, then it is direct
evidence.
3) If a person who perceived a fact comes and give evidence, then it is direct
evidence.
4) If a person who holds an opinion about a fact comes and given evidence,
In all the above four instances, the fact should be such that it could be seen,
Hearsay Evidence
evidence which is not based upon personal vision or hearing, but based on the
For Eg. If A sees the commission of the murder and given evidence in a court,
Exceptions
1) Res gestae
3) Dying declaration
Case Laws
1. R Vs Beding filed
Earlier Answer
March. She had invested him to their house. The deceased told his wife that he
was going to Narayanaswamy’s house on 21st March as per the letter written
by Narayanaswamy’s wife. On 23rd in Puri railway station the deed body of the
arrested.
The deceased wife gave evidence of his ( her husband’s) statement that he was
So a statement made, before the deceased receives any injury, or before the
cause of death has arisen or before the deceased had any reason to anticipate
Introduction:
If the question in that whether a person has committed the dowry death of a
woman and if it is shown that immediately before her death, the woman was
1) The presumption can be raised only if the accused is being tried for the
her death
evidence. So the statement made by the victim of the rape alone can be offered
as evidence.
Evidence. This amended provision provides that if rope is alleged, the court must
of the victim is shifted to the accused. If the accused fails to prove the existence
of consent by the woman, then he is liable to be held guilty. If is not for the
victim of rape to prove that there was no consent. It is for the accused to place
Case Law:
Yadla Srinivasa Rao Vs state of Andhra Pradesh once the sexual intercourse
by the accused is proved and the victim of the rape station that she did not
consent, the count must presume that she did not consent. The following
condition have to be satisfied to raise an adverse presumption against the
1) The fact of sexual intercourse between the accused and the victim
must be proved.
2) The count must decide whether such intercourse was with or without
3) The statement of the victim before the court must be that she had not
23) What are leading questions ? When these can be asked? Leading questions
1) According to section 143 of the Indian Act, leading question may be asked in
cross examination.
3) When the witness has defective memory it may be agitated by a few leading
questions.
to the expression used by him is at which denies having asked, the witness may
Earlier Answer
(Section 154)
As per section 154, a court may, in its discretion, permit the person who calls a
witness to put any questions him which might be put in cross examination by
A hostile witness is a witness who change sides and given evidence against the
party calling him. In India, generally the witness called by the police give
been won over by the opposite party. Such witnesses are called hostile witness
When a witness turn a hostile witness leading question are alleged even in the
The court held that a witness should Exhibit an element of hostility from a
truth. There must be some material to show that the witnesses is not speaking
the truth.
In this case, the supreme court held that just because a witness declared hostile
of consideration. The court has discretion to consider whether other parts of the
26) Discuss the relevant faces showing preparation, motive and conduct?
Introduction:
( Section 8)
Sections 8 says that facts constituting a motive or preparation for any fact in
issue or relevant fact is relevant. The motive in during a party to commit an act
or the preparation made by him in the commission of the act is relevant. Thus
Illustrations:
The facts that A murdered C that B knew that had murdered C and B
The fact that, before the death of B, A procured poison similar to that
The facts that, after B was robbed, C Said in and A’s presence, the
police are coming to look for the men who robbed B and that
Motive plays an important role in a crime and it is a relevant factor for which
do certain illegally act or even a legal act but with illegal means to achieve that
intention. But lack of motive does not make the accused an innocent person.
evidence is available in dowry death cases, motive plays a vital role. Premarital
demand for dowry and its non compliance by the brides family are relevant facts
In kundula Bala Subramaniyam Vs State of AP the son in law wanted the father
in law to register a land in his name. But the father in law wanted to register the
The daughter in law was brutal and the strong motive of the accused – husband
Preparation
The condition is that the conduct must be influence or be influenced by the fact
in the issue or relevant fact. The conduct prior to and subsequent to the fact in
“Conduct “ means and includes statements which accompany and explain acts
other than statements when the conduct or any person is relevant, any
statement
made to him or made in his presence and hearing affecting such conduct in
relevant.
setting out the circumstances under which the offences was committed, it is
relevant as a conduct.
* The statements and the acts of the person injured were held to be
relevant
In this case, the husband killed his wife by strangulating her. He pleaded insanity
as a ground for his innocent. But prior to the commission of the murder. It was
proved that he was same. After the commission of the offence, his sanity was
proved by the relevant facts like his act of dragging the dead body and making
it lie in the veranda and his act of threatening the children that if they raise noise,
they would also killed. His conduct showed his sand state of mind.
accused
Introduction:
( Section 24 to 30)
The word “Confession” is not defined in the act sir Stephen defines it as
follows: Confession is an admission made at any time by a person charged with
the crime, stating or suggesting some inference that he has committed that
offence” In
English law the terms “Admission” is used in civil cases while the term
follows:
A confession must in words admit the offence or it must substantially contain all
For Ex the accused may admit that he was the owner of a revolver which accused
the death of a person. This is not confession because it does not contain any
made voluntarily.
2) It must be made only after that inducement threat etc were fully
removed.
presence of magistrate
5) Confession it relevant only against the accused and not against any other
person.
crime, stating or suggesting some inference that he has committed that offence.
In this case, the count held that an admission of a gravely incriminating fact is
not of itself a confusion. The term admission of incriminating fact mans that it
as evidence against the other accused persons. But the general rule is that
Section 30 deals with the expectation to the rule that a confession cannot bind
When two or more persons are tried jointly for the same offence one of them
makes a confession which affairs himself and the others the court may take it
into consideration not only against the person who confessed but also against
the others.
Illustration:
X and y are jointly tried for the offences of murder of Z X confined Y and Z
murdered Z. The court may consider the effect of this confession against Y
The privy council Bherbari Vs King document the exact scope of section 30 –
confession of co-accused
Kashmira Singh Vs State of MP. It held that the confession of an accused can not
is that where there is evidence against the co-accused which is sufficient and if
described U/s 30 may be used as the additional reason for believing that
evidence
Introduction:
The whole statement is not admissible as evidence only the following portions
under which is death resulted, then such portion which describe the
circumstance as relevant.
2. If the declaration says about the cause of his death., then such position
alone is admissible.
declaration which contained statements regarding the person who tortured her,
she gave a wrong name of the further of the accused, but after investigation,
she clarified the correct name of the father of the accused. It was held that has
In this case Supreme Court interrupted the meaning of the words “statements
Substantive Evidence:
substantive evidence.
They are
29. Explain the relevance of character Evidence in civil and criminal cases?
Introduction:
awarding damages.
The court held that where the contention that certain promotes had been
obtained from the insolvent which he was under. The influence of drink, has
been found to be baseless. Mere general bad character of the insolvent would
cases
1) The bad character of the accused is not considered there are two
character..
2) When the fact in issue is the bad character of the offender, then the
complainant. For Ex. When a man is accused of rape, then he can show
as it given the opinion that the accused may not have committed the
crime.
5) New Section 53A by the criminal law amendment act 2013 Evidence
cases.
clients?
Introduction:
( Section 126)
without the Express consent of his client to disclose the following matters.
the course of his employment. But the following matters are not privileged
communications.
2) Any advice by the advocate to his client for any criminal purpose.
the part of the advocate as not to disclose such communication and it continues
even after the engagement cases. But it must not be for criminal purpose.
Section of the evidence act makes the test of identification admissible and a
a court, that the person arrested for the offence, who was not previously
known to the witness was one of those who committed the offence.
2. To prima facie satisfy the court that the accused was the offender or the
crime committed.
whom he saw at the time of occurrence of the crime, among several persons.
It is also tested whether the witnesses had the opportunity to see the accused
during the incident, his remembrance capacity and his capacity of identification
In this case, the accused killed his daughter who was 14 years while attempting
to have sexual relationship with here. The neighbours heard the cries of the
daughter, the conversation between the accused and the deceased, and other
relevant sound identification by voice was the sole basis for conviction
Introduction:
( Section 65)
be proved.
the court notice, such person does not produce it, then
this act, or by any other law to be given in evidence, then certified copy
examiner is admissible.
33. Define Evidence? The rules of evidence are in general same in civil and
Introduction:
In legal terms the burden of proof, admissibility relevance, weight and adequacy
Evidence is significant and crucial in civil and carmine proceedings and it may
incorporate samples of blood, or hair, video, surveillance recording or testimony
from witness
Rules of evidence
1) Relevance
2) Materiality
3) Admissibility
1.Relevance
The concept of relevance plays a key role in finding legal facts. The two basis
That fact “A “ is relevant to fact B is not enough to prove fact A in court. Further
particular case by the law applicable to that case. The depends on the law
defining the offense changed against the accused in a criminal prosecution and
the law setting out the elements of the legal claim brought against the accused
in a civil trial.
3.Admissibility:
In the criminal cases, the general rule is that the prosecution bears the burden
of proving the guilt of the defendant and the substantive law defines what the
prosecution has to prove to convict the defendant. While the rules of civil proof
34.Explain the relevancy of the facts forming the partly same transaction with
illustrations?
Introduction:
(Section 6)
Facts which, though not in issue, are so connected with a fact in issue as to form
part of the same transactions are relevant , whether they occurred at the same
are attacked and goals are broken open. The occurrence of these, facts
out of which the libel arose and forming part of the correspondence
(d) The question is whether certain goods ordered from B were delivered
Facts that are so linked to be fact in question that they form part of the same
transaction, although not in question that they form part of the same
transaction, although not in question, are relevant whether they occurred at
gestae” doctrine. The facts that can be proved as a part of res gestae must be
Earlier Answer:
accused of any offence comment? What are the exception recognized under
Introduction:
In India confession made to a police officer, even though voluntary and free from
inducement, etc, it invalid. It is because that the Indian Police apply exertion
torture etc, to get confession even from innocent and ignorant persons, So
In the case of Anup Bhuyan Vs State Honourable Supreme Court held that
under section 52 of Cr.PC all statements made to a police officer are not invalid
used against the accused. It follows that it can be used in favour of the accused.
If the confession contain motive for the matter or provocation with a view to
of decisions, it was pointed out who are police officers come within the purview
Exceptions
A confession made before a police officer with a level higher than that of
individual who made the confession, according to the bill. According to legal
confession were made admissible. The Citizen would not be protected from the
It was stated that the confession given to a police officer would not be
admissible even if the officer is given the title and power of a magistrate
Earlier Answer
Professional Privileges
• State Privileges
• Official communication
• Secret informants
(Section 52 to 55)
Earlier Answer
1) Evidence of character is irrelevant in civil cases ( Section 52)
cases
39. Explain “May pressure” “Shall presume and conclusive proof may
presume.
Introduction:
These are inference naturally and logically drag from experience and
observation of human mind, action, habits etc, section 4 says when ever it is
proved by this act that the court may presume a fact it may either regard such
facts as proved unless and until it is disproved or it may call for proof of it.
presumed her he is the thief or a person who has received the goods
goods knowing them to be stolen, he has to prove that he is not the thief or
By the continuity of facts, the court presumes that he is the thief and it presumes
2. The court may pressure that judicial and official acts have been regularly
The word “May” in the definition shows that it is not obligatory on the part of
the court to presence such facts always. It is left to the discretion of the court to
accept the presumption or to reject it. But the judgement follow some
of fact are not at all binding on the judges.Section 86, 87, 88 and 90 refer to this
to call for confirmatory evidence of it. In such a case the presumption is capable
Shall Presume
Section 4 clause (2) Says whenever it is directed by the act that the court shall
presume a fact it shall regard such fact as proved unless and until it is disproved.
The judges have no discretion here. The act itself directs that the court should
presume a fact. The instances of such fact are given by the act itself. But the
presumption of the judges can be disproved by the other party. In all criminal
This is presumption directed by law and hence termed presumption of law. But
rebuttable presumption.
The presumption of law are based, like presumption of fact, on the uniformity
presumptions of fact because it is vested by the law with the quality of a rule,
which directs that the presumption must be drawn. They are not like natural
3) Conclusive proof:
When the act declares one fact to be the conclusive proof of another, the court
shall take this as conclusive proof and shall not take evidence to disprove it.
Here, the judges have no discretion, but they have to accept as if such
presumption is proved.
The best example is section 82 f IPC, nothing is an offence which is done by a
child under 7 years of age. In this case, even though the child has committed an
offence, the court cannot punish it. It is a direction of law and it cannot be
In the same way the court presumes a contract as void ab ignition ( from the
40) Discuss the scope of cross examination and explain the questions lawful in
cross examination?
Introduction:
to bring out the truth or actual facts. The ability of the advocate lies in cross
examination.
The subject of cross examination is one of the vital important in the conduct of
law cases because it has the power to shift the truth from false hood. The object
of the cross examination are to impeach the occurrence credibility, and general
value of the evidence, given in chief to shift the facts already acted by the
To weaker the qualify or destroy the case of the opponent and to establish the
directed to the credibility of the witness and the facts to which he has deposed
in chief including the cross examination version there of and the facts which the
witness had not deposal but to which the cross examine thinks he is able to
dispose
3) To shake his credit by injuring his character, although the answer to such
relevant?
(Section 40-44)
1. Res judicata
4. public nature
5. Relevancy in part
Section regarding the judgment of court of justice when relevant from section
40 to section 44
trial.
incompetency of a court then such judgment does not have the effect of
Resjudicata
42. Explain the scope of section 113A & 114 A under Indian Evidence Act?
Earlier Answer.
113A)
Section 114A)
Introduction:
(Section 133)
person and conviction is not illegal merely because it proceeds upon the
At law an accomplice has the same degree of guilt as the person he or she is
assisting, is subject to prosecution for the same crime, and facts the same
criminal penalty.
A person does not become an accomplice merely by witnessing an act and taking
no steps to prevent.
helps the prosecution in bringing out the facts of the case. This practice of
The term accomplice ( approver) is neither define nor used in the criminal
section 337 of the code with a view to securing his testimony against other
BY
ANIL KUMAR K T
LLB COACH