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Sir James Stephen in His Digest Defines Relevant' As : 1) Presumption of Facts
Sir James Stephen in His Digest Defines Relevant' As : 1) Presumption of Facts
confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or
the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information that he believes the
other party is not already aware of,[1] and is frequently associated with an admission of a moral or legal wrong
Sir James Stephen further divided relevant facts into several categories, which is more or less the same with the divisions already
provided for in the Evidence Act, which are;
1) Presumption of Facts means presumption established from another fact or group of facts. For instance, the possessor of
recently stolen goods is considered the thief by presumption of fact. It is a type of rebuttable presumption. It is also called
as factual presumption
Test identification parade is used as a means to examine the truthfulness of the witness and his ability to identify unknown
persons. The test is generally not necessary to identify the accused if all the witness knows the accused and can recognise
the accused in moonlight and lantern.
According to Dictionary meaning "Conclusive proof refers to presumption which cannot be overcome or changed by any
additional evidence or argument.
According to Section 4 of the Indian Evidence Act, 1872 “Conclusive proof” – Where one fact is declared by this Act to be
conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence
to be given for the purpose of disproving it.
Res Gestae is a Latin word which means "things done." This is the rule of law of evidence and is an exception to hearsay rule
of evidence that hearsay evidence is not admissible. It is a spontaneous declaration made by a person immediately after an
event and before the mind has an opportunity to conjure a false story.
An alibi is a form of defense used in criminal procedure wherein the accused attempts to prove that they were in some other
place at the time the alleged offense was committed. The Criminal Law Deskbook of Criminal Procedure[1] states: "Alibi is
different from all of the other defenses; it is based upon the premise that the defendant is truly innocent." In Latin, alibī means
"somewhere else."
Definition of Admission:
According to 17 of Indian Evidence Act, "An admission is a statement, oral or documentary or [contained in electronic form
(Amendment w.e.f. 17/10/2000)] which suggests any inference as to any fact in issue or relevant fact, and which is made by
any of the persons and under the circumstances hereinafter mentioned."
2) It says that an admission will be relevant only if it is made by any of the person specified in the Act.
Meaning
Words dying declaration means a statement written or verbal of relevant facts made by a person who is dead. It is dealt
under clause (1) of section 32 of the Indian Evidence Act 1872. Generally, it relates to the cause of death of declarant. Dying
declaration can be proved by the person who records it. A dying Declaration is not complete unless full names and addressed
of the person involved are given in it.