Evidence - Unit 2
Evidence - Unit 2
Relevancy of Facts
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Section 6 –
Relevancy of facts forming part of same transection.
Continuity of event
A women with her throat cut ran out of the house and
shortly before she died said “Oh Dear aunt, see what
Harry has done to me”. Statement was not considered
admissible due to time gap. And statement was so
separated by time and circumstances.
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Section 7 – Facts which are occasion, cause or effect
of Fact in Issue or Relevant fact.
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Effect – Priyadarshini Matoo case
• Marks on helmet
• Visor pieces
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Section 7 – Facts which are occasion, cause or effect
of Fact in Issue or Relevant fact.
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Section 8 – Motive, preparation and previous or
subsequent conduct
Any fact is relevant which shows or constitutes a motive
or preparation for any fact in issue or relevant fact.
suit or proceeding; or
F.I; or
R.F
Influences or influenced by
R.F or F.I
• The conduct to be relevant must be done under the
influence of Relevant fact or Fact in Issue. 11
• A is suspected to have caused dowry death of his wife.
When police recovered the body, A made all possible
efforts to avoid post mortem.
Explanation II-
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Section 9 – facts which are
necessary to
Identity of Shows
Explain or Support or Fix the time
anything or relationship of
introduce rebut or place
person; parties by
which R.F or
F.I was
transected.
Support or rebut
the inference to of Relevant fact
RF/F.I; or Fact in Issue.
Relevant fact or
fact in issue;
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Emperor v. Abdul Ghani Bahadur Bhai, AIR 1926
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Facts establishes the identity of thing or person
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• Section 10 is based upon Doctrine of Representation or
doctrine of agency.
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Pre-conditions for Criminal Conspiracy
2.The act must have done after the time when Intention
to conspire was entertained by any of them.
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Mirza Akbar v. King Emperor, AIR 1940 PC 146
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Section 11 - When facts not otherwise relevant
become relevant.
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• Inconsistent – two things can’t stand together.
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Dudh Nath Pandey v. State of UP, 1981 SC
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Section 12 – In suits for damages, facts tending to
enable Court to determine amount are relevant.
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Section 13 – Facts relevant when custom or right is in
question : Following facts are relevant
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• Example : there is a pond in the property of Mr.A. he
allowed villagers to take water from pond. Son of Mr. A
stopped villagers from taking water. Mr. A again
allowed villagers in front of Punch. Mr. A died. Again
after 30 years, Son of Mr.A stopped villagers from
taking water.
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Section 14 – Facts showing existence of state of
mind, state of body or bodily feeling
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State of mind :
• Illustration (a) & (b) – A accused of receiving stolen
property knowing them to be stolen.
– When asked about particular good, A said no. on
search particular article along with several other
stolen article found.
– It shows the knowledge of stolen goods.
– A asked his wife to hide such articles, or was ready
to sell at throwaway price.
• A shoots B on his forehead, here intention to cause
death can be inferred facts such as
– Body part where bullet hit
– Distance between accused and deceased
– Motive
– Statement made before shooting
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– Earlier also A tried to kill B.
State of mind :
• Example of Vijay Mallya case, fraud of Rs.9000/- crore
– Left the country, refused to return and then agreeing
to pay principle amount can prove his knowledge.
• Illustration (c) – keeper of dog would not be liable for
any hurt done by dog, if he did not have knowledge
about bitten tendency of dog. (Masson v. Keeling,
1699)
– If it is proved that previously dog bitten X, Y & Z and
they made complaint to keeper can prove the
knowledge.
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State of body:
• Statement made by person in respect his health at a
particular time is relevant fact.
• It becomes a part of Res Gestae.
• Statement shall be contemporaneous with the act it
describes.
In R. v. Mortimer, 1936
– Accused was prosecuted for causing death of woman
cyclist by driving his car against her.
– The fact that on two earlier occasions, he had driven
his car at woman was considered to be relevant.
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Difference between Section 14 & 15
1. Talks about any state of 1. Talks about only
mind. knowledge and intention.
2. R.F can be any fact, i.e. 2. R.F can be only
statement or previous transection, i.e. similar
conduct. occurrences.
3. Must show state of mind 3. Evidence will be relevant
towards any particular even if similar
person or offence in occurrences runs
question. against other person and
not towards victim in
question.
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Section 16 – Existence of Course of business, when
relevant.
When question is whether particular act was done?
– Existence of course of business;
– Naturally being used to do a particular act.
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Thank You
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Admission (Section 17-31)
•Statement is genus.
•Admission is species.
•Confession is sub-species.
Types of Admission
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Section 17 – Admission
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Section 18 – Admission by party to proceeding or his
agent
Example –
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3. Party interested in Subject matter
• Suit is between A & B. C is not a party to the suit. C’s
statement won’t be considered as admission unless he
proves that he has some interest in S.M i.e. either
pecuniary or proprietary interest.
• Father having two sons F1 & F2. Father created
charge on the property to mother. If dispute arises
between two sons for property. Mother’s statement can
be considered as admission.
• In Sahdeo v. Board of Rev., AIR 1980, in a suit for
declaration of Title, the statement made by suitor’s
father
• Hardatt Sharma v. Jaikishan, AIR 1983,
Statement by a person about his ownership after he
transferred it is not relevant.
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4. Person from whom interest derived: Relevant only if
they are made during the continuance of the interest
of persons making it.
Example
• Father earlier made statement. Father died, property
dissolved in his two sons. Dispute started. Now the
statement of Father can be considered as admission.
• A owner made statement that C has right to passage
in property. Later on A sold property to B. Now B
denies C’s right to passage. C filed a suit against B. A
statement can be used as an admission.
• In Nirmala v. Rukminibai, AIR 1994, Deceased
father of plaintiff admitted that defendant was his
second legally wedded wife and her children were his
legitimate children. It was held admissible.
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Section 19 - Admissions by persons whose position
must be proved as against party to suit
Example
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Relevancy of Admission (Section 21)
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Relevancy of Admission (Section 21)
Illustration - b and c
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When self serving admission can be proved
Illustration - d and e
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Section 22 A – when oral admission as to content of
electronic records are relevant
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