Indian Evidence Act, 1873; Section 32- Dying Declaration – Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the court. The Court is required to satisfy itself that the deceased was in a fit state of mind at the time of making the statement and that it …
Indian Penal Code, 1860; Section 306 – Indian Evidence Act, 1872; Section 113A – The mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not automatically apply – Mere fact of suicide within seven years of marriage, one …
Code Of Criminal Procedure, 1973; Section 172 – Indian Evidence Act, 1872; Section 145,161 – When a police officer uses case diary for refreshing his memory, an accused automatically gets a right to peruse that part of the prior statement as recorded in the police officer’s diary by taking recourse to Section 145 or Section …
Indian Penal Code, 1860; Section 364A – The first ingredient of Section 364A is that there should be a kidnapping or abduction of any person or a person should be kept in detention after such kidnapping or abduction. If the said act is coupled with a threat to cause death or hurt to such person, …
Willian Stephen vs State Of Tamil Nadu 2024 INSC 146 – S 364A IPC – S 65B Evidence Act Read More »
Indian Evidence Act, 1872; Section 90– If the document is more than 30 years old and is being produced from proper custody, a presumption is available to the effect that signatures and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting and …
Indian Evidence Act, 1872; Section 3- . While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability – There is a clear distinction between burden of proof and standard of proof. This distinction …
Indian Evidence Act, 1872; Section 73 – Bankers’ Books Evidence Act, 1891 – Certified copy of a document issued by a Bank is itself admissible under the Bankers’ Books Evidence Act, 1891 without any formal proof thereof. Hence, in an appropriate case, the certified copy of the specimen signature maintained by the Bank can be …
Indian Evidence Act, 1872; Section 17,18 – Admission is a conscious and deliberate act and not something that could be inferred. An admission could be a positive act of acknowledgement or confession. To constitute an admission, one of the requirements is a voluntary acknowledgement through a statement of the existence of certain facts during the …
Section 27 of the Indian Evidence Act 1872, which explains how much of information received from accused may be proved, reads as follows: “Provided that, when any fact is deposed to as discovered inconsequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, …
Indian Evidence Act, 1872; Section 25-27 – As soon as an accused or suspected person comes into the hands of a police officer, he is no longer at liberty and is under a check, and is, therefore, in “custody” within the meaning of Sections 25 to 27 of the Evidence Act. It is for this …
Perumal Raja @ Perumal vs State 2024 INSC 13 – Ss 27 & 106 Evidence Act Read More »