Indian Evidence Act 1872 – Section 106– There are two important consequences that play out when an offence is said to have taken place in the privacy of a house, where the accused is said to have been present. Firstly, the standard of proof expected to prove such a case based on circumstantial evidence is …
Indian Evidence Act,1872; Section 113A [BSA 2023; Section 117]– Section 113A of the Evidence Act permits the Court to raise a presumption as to abetment of suicide, if the Suicide was committed within seven years of the marriage and if it is proved that she was subjected to the “Cruelty” as explained in Section 498A …
Indian Evidence Act,1872; Section 27 [BSA,2023; Section 23(2)]- The word,“distinctly” used in Section 27 relates to the discovered fact. Only that much which relates to the discovery of a physical object is admissible. The rest of the testimony is to be excluded. The facts proved by the prosecution, particularly the admissible portion of the statement …
Santosh @ Rajesh @ Gopal vs State Of Madhya Pradesh 2024 INSC 723 – S 27 Evidence Act Read More »
Indian Penal Code,1860; Section 304B [BNSS,2023; Section 80] –To constitute a ‘dowry death’, punishable under Section 304- B7 IPC, following ingredients must be satisfied: i. death of a woman must have been caused by any burns or bodily injury or it must have occurred otherwise than under normal circumstances; ii. such death must have occurred …
Indian Evidence Act, 1872; Section 132 [BNSS,2023; Section 137]- The qualified privilege under the proviso to Section 132 of the Act does not grant complete immunity from prosecution to a person who has deposed as a witness (and made statements incriminating himself)- The only protection available is, a witness cannot be subjected to prosecution on …
Indian Evidence Act,1872; Section 106- When the prosecution has not discharged the burden on it to prove that the accused was last seen together with the deceased wife- Section 106 of the Evidence Act cannot be invoked to shift the burden on the accused. (Para 7)
Code Of Criminal Procedure, 1973; Section 161- Indian Evidence Act,1872; Section 32- A statement made by a person who is dead, as to the cause of his death or to the circumstances of the transaction which resulted in his death, to a Police Officer and which has been recorded under Section 161 CrPC, shall be …
Indian Evidence Act, 1872– Mere marking of exhibit upon the letter without the expert deposing about the opinion given therein would not dispense with the proof of contents of the document as per the mandate of the Indian Evidence Act, 1872. (Para 36) Criminal Trial -Where the medical evidence goes so far that it completely …
Vinod Jaswantray Vyas (D) vs State Of Gujarat 2024 INSC 490 – Evidence Act Read More »
Code Of Criminal Procedure, 1973; Section 311- Indian Evidence Act, 1872; Section 165– The trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings, so as to ensure that neither any extraneous material is permitted to be brought on record nor any relevant fact …
Gaurav Maini vs State Of Haryana 2024 INSC 488 – S 311 CrPC, Ss 65B,165 Evidence Act Read More »
Code Of Criminal Procedure, 1973; Section 154,161,162– When the police officer does not deliberately record the FIR on receipt of information about cognizable offence and the FIR is prepared after reaching the spot after due deliberations, consultations and discussion, such a complaint cannot be treated as FIR and it would be a statement made during …
Allarakha Habib Memon vs State Of Gujarat 2024 INSC 590 – FIR – S 26 Evidence Act Read More »