EVIDENCE PPT

Substantive Law Procedural Law

Determines rights and liabilities Prescribes the procedure and
machinery for enforcement of those
rights
Indian Contract Act, Indian Penal C.P.C, Cr.P.C., Evidence Act,
Code Limitation Act

Ubi jus ibi remedium: where there is a right, there is a remedy

STAGES OF TRIAL AND EVIDENCE
The evidence is considered at an appropriate stage of trial
Civil Case Criminal Case
Prosecution is started by the
prosecutor or the complaint is filed by
Filing of a suit by the Plaintiff. The
a private person in the Court.
summons is issued to the Defendant
Summons or warrant is issued to the
accused
Framing of Issues for trial by the
Framing of charges by the Court
Court
The Evidence is given by the
Actual trial of the issues. Evidence is
prosecution or the complainant and
given by the parties to prove or
the accused person when he is tried
disprove the issues
for an offence charged by the Court
The Court pronounces its opinion
The Court pronounces its opinion
after weighing the evidence brought
after weighing the evidence brought
before it. The reasoning of the Court
before it. The opinion of the Court is
is called as its judgment and the final
called as judgment.
decision is called as its Decree.
The enforcement of judgment i.e. the
The enforcement of judgment i.e. the
acquittal or sentencing of the accused
Execution of the Decree
person.
HISTORY OF EVIDENCE IN INDIA
• The Dharmashastras
• Lehkya (Documentary)
• Sakshya (Oral Evidence)
• Bhukti/Bhog (Use/Possession of property)
• Divya (Divine Tests)
• Middle Ages/Mughals
• Oral Evidence was divided into Direct and Hearsay Evidence
• Demeanour of Witnesses
• Witnesses were examined and cross-examined
• Circumstantial Evidence was accepted and in case of doubt benefit
was given to the accused
• Modern Period
• Introduction of English Law
• Courts established by the Royal Charter of 1726 in
Presidency Towns of Calcutta, Madras and Bombay
• Attempts at codifying Common Law
• Bentham and his role (1747-1832)
• Bentham was a proponent of utilitarianism ie. "it is the
greatest happiness of the greatest number that is the measure
of right and wrong.”
• He became a leading theorist in Anglo-American philosophy
of law, and a political radical whose ideas influenced the
development of welfarism.
• He advocated:-
• individual and economic freedoms,
• the separation of church and state,
• freedom of expression,
• equal rights for women,
• the right to divorce,
• and (in an unpublished essay) the decriminalising of
homosexual acts.
• Modern Period
• Indian Evidence Act, 1872 (Result of the Stephen Commission’s
report)
• List of Amending Acts
• It is a ‘modern classic’
OVERVIEW OF THE SCHEME OF THE CODE
• Section 5 Explanation - This section shall not enable any person to give
evidence of a fact which he is disentitled to prove by any provision of the
law for the time being in force relating to Civil Procedure.
Salient Features
• ‘Evidence’ (S. 3: includes oral and documentary Evidence)
• ‘Fact in Issue’ (S. 3: related to rights and liabilities)
• ‘fact’ (S.3: anything capable of being perceived by the senses and mental
conditions of which person is conscious)
• ‘hereinafter declared’
• ‘relevant’ (S.3: connected in ways defined in the Act)
• ‘and of no others’

TYPES AND FORMS OF EVIDENCE

1. Judicially noticed evidence – it is a type of relevant fact that need not be
proved
2. Character evidence – goverened by s 52-55, different rules for criminal
and civil proceedings.
3. Hearsay evidence – general ruled by the law of relevancy, some
exceptions, concerened sections are 60, 32
4. Opinion evidence - Sections 45 to 51 (Opinion of third parties when
relevant), eg post mortem report
5. Oral evidence - - spoken words, gestures or motion, Section 59 - Proof
of facts by oral evidence, Section 60 – Oral evidence must be direct
6. Documentary evidence – S 3 then chapter V (s 61 to 90 A), S 74 (public
doc), S 75 (private Doc), 65 A, 65 B

JUDICIALLY NOTICED:
statutory recognition for JNE
• The Chapter II of the Part I of the Evidence Act describes as to what facts
are relevant.
• The Act deals in Part II how a relevant fact is to be proved.
• Chapter III of Part II deals with ‘Facts that need not be proved’
a) Juduicially noticed
b) Admitted facts
 • There are some facts that need not be proved as they are so obvious and
ubiquitous that Courts may take judicial notice of it (Sections 56 and 57)
• Important definition - proved - Section 3

Salient features
• Section 56: No fact of which the Court will take judicial Notice need to
be proved
• If the existence of certain facts mentioned in Section 57 comes into
question, then the party who assets such fact, need not prove it.
• Judicial Notice is based upon various obvious reasons of convenience and
expediency

CHARACTER EVIDENCE
Character When Relevant (Chapter II Part I, Sections 52-55)
• In civil cases evidence of the character of any party to prove probability
or improbability of any conduct imputed to him is irrelevant. (Section 52)
• ‘The business of the Court is to try the case and not the man; and a very
bad man may have a very righteous cause’
• The exception to this rule is contained in Section are when evidence of
character is affecting damages (Section 55)
• In criminal cases: The good character of a person is relevant (Section 53)
but the fact that he ahs a bad character is except in certain cases,
irrelevant (Section 54)
• The principle upon which good character may be proved is that it afford a
presumption against the commission of crime.
• Character evidence is a very weak evidence and it cannot outweigh
positive evidence in regard to the guilt of a person
• In Criminal proceedings, the fact that the accused has a bad character is
irrelevant unless evidence has been given that he has a good character.(S.
54)
• A previous conviction is relevant as evidence of bad character (S. 54,
Explanation)
• Section 53A: The new Section was inserted on the basis of
recommendations given by Justice J.S. Verma Committee report in the
aftermath of the Nirbhaya Rape incident.
• Section 354: Assault or criminal force to woman with intent to outrage
her modesty
 • Section 354-B: Assault or use of criminal force to woman with intent to
disrobe
• Section 354-C: Voyeurism
• Section 376: Punishment for Rape
• Section 376-A: Punishment for causing death or resulting in persistent
vegetative state of victim
• Section 376DB: Punishment for gang rape on woman under twelve years
of age
• In both criminal and civil cases: The ‘character’ includes both reputation
and disposition; but, except as provided in Section 54, evidence may be
given only of general reputation and general disposition and not of
particular acts by which reputation or disposition were shown.
• Reputation means what is though of a person by others and is constituted
by public opinion
• Disposition respects the whole frame and texture of the mind and
comprehends the springs and motives of actions.
• When the character of a party or of a witness is to be evidenced by
reputation, the reputation must itself be proved by a witness qualified by
an opportunity to obtain knowledge of it.
HEARSAY EVIDENCE
• Hearsay Evidence is not received as Relevant Evidence
• Reasons why Hearsay Evidence is not acceptable:-
• The person giving such evidence does not feel any responsibility. If
cornered, he may always say, ‘I don not know, but so and so told
me’
• Truth is diluted and diminished and with each repetition;
• If permitted, gives ample scope for playing fraud by saying
‘someone told me that…’ It would be attaching importance to a
false rumour flying from one foul lip to another
• There are exceptions to this general rule against Hearsay Evidence e.g.
Dying Declarations, Extra-judicial confessions etc.
• The details regarding this rule would be taken up for further discussion
during a discussion on provisions of the Evidence Act concerning Section
60 (Oral Evidence must be direct), and Section 32(Statements by persons
who cannot be called as Witnesses)
OPINION EVIDENCE
General Propositions of Law concerning Opinion Evidence
• As a general rule a witness must only state facts and his personal opinion
or belief is irrelevant
• The function of drawing inferences is a judicial function and must be
performed by the Court
• There are certain exceptions to the above rule and these are set out in
Sections 45 to 51
SALIENT FEATURES
• Expert Evidence is applicable on the principle of necessity where the help
of experts might throw light on a question which is beyond the range of
common experience or common knowledge
• Somewhat the opposite intuitive logic that lies behind judicially noticed
evidence
• Fact is something that is cognizable by the senses while opinion involves
mental operation
• An ‘expert’ is someone who has special skill and knowledge in a
particular calling
• Unlike a normal witness, the expert witness can give an opinion/evidence
on facts stated by other witnesses (e.g. Cause of death)
• The credit of a witness can be challenged in cross examination
• The purpose is to assist the court and cannot be binding upon the court
• ‘Foreign Law’ is any law that is not in force in India. Opinion on
domestic law is to be formed by the judge himself
• ‘Medical Evidence’ is given by medical experts and can give their
opinion as to the cause of death, effect of poison etc.
• Upon a contradiction between medical and ocular evidence, the ocular
evidence is given precedence generally
• Medical evidence is only an evidence of an opinion and is not conclusive
• In case of proof as to age, the birth certificate is a sure proof but in case
of its non-availability, the medical evidence can be used.
• ‘Handwriting Expert’: Unlike those of a fingerprint expert, not fully
reliable as the science of is not as perfect
• Conviction unlikely to be secured solely on the basis of expert opinion of
a handwriting expert
• It can be ordered upon moving of an application to that effect within a
reasonable period
 • ‘Finger Impression’: Between birth and death there are no changes in
about 699 out of 700 numerous characteristics.
• No finger has fully matched with the pattern made by any other finger of
the same or any other hand
• Footprint are not on a similar footing
• ‘Fire arms Expert’. The cartridge can be sent to a ballistics expert to
determine the pistol and type of the same
• ‘Post Mortem Report’: It is not substantive as such but cannot ever be
discarded
• Prepared by a medical expert
• Can show wounds and cause of death
• Discussed in detail upon showing of the same
• The examiner of Electronic Evidence referred to in Section 79A of the
Information Technology Act, 2000 may give an opinion as to digital
evidence
• S 46 is a roundabout way of stating that the opinion of experts is open to
corroboration or rebuttal
• Collateral Facts which are generally admissible become receivable when
the question is a matter of science and the facts tend to illustrate or
contradict the opinion of the scientific witness.
• REFER TO BARE ACT FOR S 47 – 51

ORAL EVIDENCE
S 59 – proof of facts by oral evidence – refer bare act
S 60 – oral evidence must be direct - refer to bare act
DOCUMENTARY EVIDENCE
 Documentary evidence is any evidence that is, or can be, introduced at a
trial in the form of documents, as distinguished from oral testimony.
Documentary evidence is most widely understood to refer to writings on
paper (such as an invoice, a contract or a will), but the term can also
apply to any media by which information can be preserved, such as
photographs; a medium that needs a mechanical device to be viewed,
such as a tape recording or film; and a printed form of digital evidence,
such as emails or spreadsheets.

Bhima Tima Dhotre v. The pioneer chemical co.

“Documentary evidence becomes meaningless if the writer has to be called in
every case to give oral evidence of its contents. If that were the position, it
means that, in the ultimate analysis, all evidence must be oral and oral evidence
would virtually be the only kind of evidence recognised by law. This provision
would indicate that to prove the contents of a document utilizing oral evidence
would be a violation of this section.”
EXCLUSION OF ORAL BY DOCUMENTARY
ORAL V DOCUMENTARY

 whatever is recorded as a
hardcopy must be
demonstrated in the form of
hard copy only
 If there are more than one
original documents, then only
one original needs to be
proved.
 “Vox Audita Perit, Littera
Scripta Manet” which means
that Spoken Word will
Vanish, but the Written Word
Remains.

S 91 - Evidence of terms of contracts, grants and other dispositions of property

reduced to form of document. – REFER TO BARE ACT
S 92 – exclusion of evidence of an oral agreement ( also refer to bare act)- If
any contract, grants or disposition of property which is required by law to be in
writing in form of document and if it has been proved according to Section 91,
then for the purpose of varying it, contradicting it or subtracting it parties or
their representative is not required to give oral evidence and it is not admissible.
Two points are proved from this Section:
a) If any third party gives, then it is admissible
b) If any oral evidence is given which do not contradict the contract, then
it is admissible.
JUDGEMENTS FOR S 92
 Krishi Utpadan Mandi Samiti, Sahaswan, District Badaun through
its Secretary V/s. Bipin Kumar and Another, [(2004) 2 SCC 283] -
 Section 92 of the Act precludes a party from leading evidence
contrary to the terms of a written document. To permit a party to so urge
would be to give a premium to dishonesty
 Tamil Nadu Electricity Board and another Vs. N. Raju Reddiar and
another ( AIR 1996 SC 2025) - Under Section 92 of the Evidence Act
where the written instrument appears to contain the whole terms of the
contract then parties to the contract are not entitled to lead any oral
evidence to ascertain the terms of the contract. It is only when the written
contract does not contain the whole of the agreement between the parties
and there is any ambiguity then oral evidence is permissible to prove the
other conditions which also must not be inconsistent with the written
contract... bar laid down by section 92 of the Act was not applicable
under the Criminal proceeding.
 Ram Janki Raman Case AIR 2006 SC 1106 – (a) Section 92 is
supplementary to Section 91 and corollary to the rule contained in
Section 91. (b) Strangers to contract are not barred – rule applies only to
the party to agreements, whereas 91 applied to strangers as well (c) bar
under Section 92 would apply when a party to the instrument, relying on
the instrument, seeks to prove that the terms of the transaction covered by
the instrument are different from what is contained in the instrument.
EXCEPTIONS TO S 92
 The facts which invalidate the document
 Separate oral agreement
 Separate oral agreement as a condition precedent
 Distinct oral agreement made subsequently to renew or modify the
contact
 Any usage or customs by which incidents not mentioned in any
contract are usually annexed to contract
 Extrinsic evidence of surrounding circumstances
Relationship - Sections 91 and 92 of Evidence Act are supplemental to each
other
SECTION 93 – EXCLUSION OF EVIDENCE TO EXPLAIN OR AMEND
AMBIGUOUS DOCUMENT (REFER BAREACT)
If the language of a deed is, on its face, ambiguous or defective, no evidence
can be given to make it certain.
 Eg -An agreement is made between A and B that A will sell his crops for
₹15000 or ₹25000. The evidence cannot be given that which price was to
be given
Keshavlal Lallubhai Patel
Vs. Lalbhai Trikumlal Mills Ltd [AIR 1958 SC 512] 
Kandamath Cine Enterprises (P.) Ltd. V. John Philipose [AIR 1990
Ker 198]
S 94 - EXCLUSION OF EVIDENCE AGAINST APPLICATION OF
DOCUMENT TO EXISTING FACTS – (refer bareact)
The words of a written instrument must be construed according to their natural
meaning, and no amount of acting by the parties can alter or qualify words
which are plain and unambiguous
S 95 – Evidence as to document unmeaning in reference to existing facts
(REFER TO BAREACT)
S 96 - Evidence as to application of language which can apply to one only of
several persons. (REEFER TO BAREACT)
S 97 - Evidence as to application of language to one of two sets of facts, to
neither of which the whole correctly applies. (REFER TO BAREACT)
S 98 - Evidence as to meaning of illegible characters, etc. (REFER TO
BAREACT)
S 99. Who may give evidence of agreement varying terms of document. –
(REFER TO BAREACT)
S 100. Saving of provisions of Indian Succession Act relating to wills. (REFER
TO BAREACT)

ESTOPPEL
Preconditions for invoking estoppel as per S 115 evidence act
1. One party should make a factual representation to the other party
2. The other party should accept and rely upon the said representation
3. Having relied on the above representation, the second party should alter
his position
4. The instant altering of position, should be such that it would be iniquitous
to require him to revert back to the original position
Conceptual Understanding
 Estoppel is a rule by which a party to a litigation is stopped from
asserting or denying a fact.
 Estoppel is a rule of exclusion, making evidence in proof or disproof of a
relevant fact inadmissible
  It is an ancient English word of which ‘stop’ is a variant. ‘Estoppel’ has
been employed by English Jurisprudence which has assigned to it a
special and technical connotation of its own
 The way the rule of Estoppel is framed in India is as a rule of Evidence
 Fact is something that is cognizable by the senses while opinion involves
mental operation
Aspects
• As a rule of Evidence
• As a matter of pleading
• Failure to plead an estoppel may amount to a waiver, and thus may
result in making admissible facts which would otherwise be
excluded.
• As substantive Law
• Estoppel cannot found a cause of action at common law for they
involve no claim (In that way distinguished from promissory
estoppel which we would see hereafter)
• However, it may support a claim to equitable relief and also
amount to a defence and hence, it may have some characteristics of
substantive law.
Kinds
• Estoppel by matter of record
• Means the matter is res judicata (explained briefly in following
slides)
• Res judicata ousts the jurisdiction of the court, while estoppel
merely shuts the mouth of the party
• Estoppel by Deed
• Binds the parties to the instrument and those claiming through
them by such a deed.
• The doctrine of estoppel by deed in its technical sense cannot be
said to exist in India
• Estoppel by matter in paiis
• Blackstone, ‘An assurance transacted between two or more private
parties in pais, in the country, that is, upon the very spot to be
transferred’
• Induces a change of position
 • The Act deals with the same within the purview of Sections 115-
117
General propositions
• No Estoppel in criminal cases
• It is a rule of civil actions but can be considered in criminal
proceedings as affecting the credibility of a party/witness.
• Representation must relate to an existing Fact or a past event-mere
statement of intention or a promise de future does not create an
estoppel
• Meaning of ‘Representation’
• It can be express or implied
• Where there is no change of position based on this representation
or where the party does not believe the same, the representation
cannot operate as estoppel
PROMISSORY ESTOPPEL
• Where one party (usually the state) has by his words or conduct) made to
the other a promise or assurance, which was intended to affect the legal
relations between them and to be acted on accordingly, then once the
other party has taken time at his word and acted on it, the party who gave
the promise or assurance cannot afterwards be allowed to revert to the
previous legal relationship. (King’s Bench decision in Combe v. Combe)
• Government would be obliged to comply with a representation even
though it was not recorded in the form of a formal contract (UOI v. Anglo
Afghan Agencies)
• It is not only limited in its application as a defence by it can also furnish a
cause of action. In other words, the doctrine itself can be the basis of an
action
• No Estoppel against a budget speech announcement of a Minister (State
of Karnataka v. KK Mohandas
• No Estoppel Against a statute
• Where legislature declares a contract as void, it cannot be validated
by resorting to the doctrine of estoppel
• The doctrine is applicable only when the act promised is otherwise legal
• Linked to the concept of Legitimate Expectations (understood as a
constitutional law concept)
S 116 – ESTOPPEL OF TENANT –
 • Inserted to avoid protracted litigation to recover rent or possession from a
defaulting tenant
• Applicable only to immovable property and not to movable property
S 117 – ESTOPPEL OF ACCEPTOR OF BILL OF EXCHANGE, BAILEE OR
LICENSEE
(refer to bare text)
RES JUDICATA (S 11 CPC)
• Object and Scope
• Should not be vexed twice for the same cause
• End to Litigation
• Founded in Public Policy
• Given wide scope for application (Applies to writ petitions,
arbitration proceedings, execution proceedings etc)
• Difference Between Res Sub Judice and Res Judicata
RES SUB JUDICE S 10 RES JUDICATA S 11
Applies to Pending trial Applies to matters adjudicated upon
Bars trial of a suit Bars trial of a suit or issue

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

SCOPE OF S 34 -38
• Deals with two general classes of statements
• Entries in Books of Accounts
• Entries in Public Documents
• They are relevant regardless of whether the maker thereof is a party to the
suit or not or whether he is examined as a witness or not.
• They are admissible because the special circumstances under which they
are made can afford a fair guarantee for the truth
SCOPE OF S 34 – Entries in books of account when relevant. (Refer to bareact)
- Section 21 enacts the general rule that a man cannot make evidence for
himself and hence excludes from evidence admissions in one’s own favour.
• Section 34 is an exception to Section 21
• Deals with entries in accounts books and their probative value.
• Accounts admissible under Section 34 require corroboration
• Accounts may be used to
 • contradict a witness (Section 145)
• Corroborate the testimony (Section 157)
• Refresh the memory of a witness (S. 159 and 160)
• Entries made by agent in a book of accounts are admissible against the
party as admissions
• Ingredients of Section 34
• Entry is in a book
• Book is a book of accounts
• The book is regularly kept in the course of business
• Book signifies sheets of paper bound together. Loose sheets or unstated
sheets of paper have no probative force of a book of accounts
• Regularly kept in the course of business
• It does not mean correctly kept
• It only means kept according to a set of rules
• Absence of entries is a presumptive proof of its non-existence
• Mode of proof
• To call the clerk who has kept the accounts or some person
competent to speak to their genuineness
• to prove that the books have been regularly kept and that they are
generally accurate.
SCOPE OF S 35 - Relevancy of entry in public record made in performance of
duty (Refer to bareact) - Law reposes faith in public officers that it presumes
they will discharge their several trusts with accuracy and fidelity
• Ingredients
• Entry relied upon must be one in any public or other official book,
register or record
• Must be stating a fact in issue or relevant fact
• It must be made by a public servant in the discharge of his official
duty
• All persons concerned must have access thereto
• Attracted both in civil and criminal cases
• Types
• Birth Certificates
 • Notary Public
• Registration of marriage
• FIR (recorded under Section 154 of the Cr.P.C.)
• School records
• Revenue Records
• Patta/Khasra
• Official Gazette and subordinate legislation
SCOPE OF S 36 - Relevancy of statements in maps, charts and plans. (Refer to
bareact) - Deals with public records of the type that are maps, charts and plans
• Two Classes of maps
• Maps or charts generally offered for the public for sale. Called
quasi public documents
• Also covered by Section 57 (Facts of which Courts must
take judicial notice)
• Can be presumed to be correct
• Maps and plans made under the authority of the government
• Probative value is attracted as such maps contain the results
of enquiries made by a competent authority in which the
public is interest
• Need to be proved
• Survey maps (for the purposes of revenue) are good but not conclusive
evidence of possession
Also refer to s 83 - Presumption as to maps or plans made by authority of
Government.—
SCOPE OF S 37 - Relevancy of statement as to fact of public nature contained
in certain Acts or notifications. (Refer to bareact) - Applicable when the court
has to form an opinion regarding existence of a fact of a public nature
• Courts must presume the genuineness of the documents
• E.g. statement in the gazette that an Act has been assented to by the
President is proof of the fact
SCOPE OF S 38 Relevancy of statements as to any law contained in law-books
(Refer to bareact)- When necessary to form an opinion as to the law of a foreign
country
• Then the following can be relied upon
 • Statement of such law contained in a book published under the authority
of the government
• Books containing reports of cases
• Domestic law requires no such proof as the courts are supposed to take
judicial notice of it
HOW MUCH OF A STATEMENT IS TO BE PROVED
Scope of S 39 - What evidence to be given when statement forms part of a
conversation, document, electronic record, book or series of letters or papers.
(refer to bareact)
• Statement forming a part of
• A longer statement
• A conversation
• An isolated document
• A document contained in a book
• Of an electronic record
• A series of letters or papers
• Court has discretion to let in only as much as is necessary for having a
full understanding of the nature and effect of the statements and the
circumstances under which it was made.
• Prevents wastage of time and avoids disconnected matters from entering
the adjudication process
• Some are specifically barred e.g. confessions hit by Sections 24-27
cannot be admitted under Section 39
• Even where the document is proved, it does not mean ipso facto that all
the contents of the documents have also been proved.
JUDGEMENTS OF COURTS OF JUSTICE WHEN RELEVANT
Scope of S 40 – 44
• Deals with Relevancy of facts (in this case, the relevancy of previous
judgments)
• Sections 40-44 are contained in Part I (Relevancy of Facts)
• As a general rule, transactions (and also judgments) unconnected with the
facts in issue are inadmissible.

Scope of Section 40 (Previous judgments relevant to bar a second suit or trial )

• Applies to both civil and Criminal proceedings
 • In a civil suit, it is relevant to support a plea of res judicata (Section 11,
CPC)
• Slides on that follow
• In a criminal trial, it is relevant under Section 403 of the Cr.P.C. as a
doctrine against double jeopardy
• Also guaranteed by the Constitution under Article 20(2)
• Section 40 has nothing to do beyond the question of admissibility
• Where a party is not a party to the previous lis then the previous
judgment in such lis would not fall within the purview of Section 40.
• Judgment of a criminal court does not operate as res judicata for a civil
court.
• Similarly, judgment of a civil court cannot be used to prove the innocence
of the accused person
• Judgment of a c-accused rendered in an earlier trial arising out of same
transaction would be wholly irrelevant in the case of an accused tried
separately.
Scope of Section 41 (Relevancy of certain judgments in probate, etc.,
jurisdiction)
• This Section deals with judgments in rem
• Judgments that are conclusive not against the parties to them but
also against the whole world
• Contrary to the general rule that a party is not bound by a
transaction to which he was not a party.
• Public policy requires that matters of social status should not be
left in continual doubt
• In any event, everyone whose interest can be affected by the
decision, may protect her interest by becoming a party to the
proceedings
• This Section consists of two parts
• First part makes certain category of judgments relevant
• It may be of a specific nature i.e.
• probate,
• matrimonial,
• admiralty, or
• insolvency
 • It may confer or take away a legal character not against any
specific person but absolutely and against the whole world
(in rem)
• E.g. a divorce not only annuls the marriage but render
the wife feme sole
• Second part makes those judgments conclusive evidence of certain
matters
• Word ‘final’ is used to distinguish from interlocutory and does not refer
appealability
• Competent Court
• It includes a foreign court
• However, court must be competent to pass the judgment in rem
Scope of Section 42 (Relevancy and effect of judgments, orders or decrees,
other than those mentioned in Section 41) (Concerning matters of Public
nature_
• Second exception to the general rule that a person is not affected by a
litigation to which he is not a party
• Precondition: It must relate to a matter of public nature
• Subjects of public nature include customs, tolls, boundaries
between parishes, counties or manors etc.
• Unlike Section 41, here the previous judgment is not conclusive
Scope of Section 43 (Judgements other than those mentioned in Sections 40-23,
when relevant)
• This section enacts the general rule that a judgment delivered inter partes
is not relevant as proof of the particular point decided by it.
• Illustrations
• (a) A and B separately sue C for a libel which reflects upon each of
them. C in each case says, that the matter alleged to be libellous is
true, and the circumstances are such that it is probably true in each
case, or in neither. A obtains a decree against C for damages on the
ground that C failed to make out his justification. The fact is
irrelevant as between B and C.
Scope of Section 44 (Fraud or collusion in obtaining judgment, or incompetency
of Court, may be proved)
• This Section applies to civil and criminal proceedings
• The grounds for impeaching the credit of a judgment
 • Court not competent to deliver it
• Want of prosecution
• Fraud
• Collusion
• Fraud/Collusion vitiates everything
• Court not competent
• Jurisdiction (territorial, pecuniary and jurisdiction as regards
subject matter)

FACTS ADMITTED NEED NOT BE PROVED

Scope of section 58 - . Facts admitted need not be proved –
• Purpose/Effect of the Section
• The effect of the Section is to shorten the litigation
• It also acts as an estoppel to forestall any other evidence
contradicting them
• Includes statements made before or during the trial
• Admissions may be either express (in writing) or implied (leads to a
necessary inference of admission from the statements)
• Express admissions
• Pleadings drawn up with an assistance of a counsel
• Pleadings are prepared in contemplation of a particular litigation
• Admissions in pleadings are conclusive (unlike evidence received
at the trial which can be contradicted)
• Section 58 is also a rule of procedure (mirroring provisions
existing in the CPC as well concerning ‘Pleadings’)
• Implied Admissions by non-traversal of pleadings
• If the pleadings of the opposite party are not denied specifically, it
will be deemed to be admitted by non-traverse
• Admission by a counsel
• Counsel is an agent
• In criminal case, caounsel has no authority to make an admission
• Best piece of evidence that can be relied upon
• Admission needs to be clear and unambiguous.
 • {proviso} In case court deems necessary, it may call for further evidence
• Cases of fraud or where they are apparently erroneous.
• Party objecting to the admissibility of a document must raise it at the
appropriate time
• Once marked/exhibited, cannot be allowed to object
• Admission made in earlier suit, also admissible in later suit
• Related provisions
• Section 31
• Unlike Section 58, applicable only during the trial
• Section 17
• Admission Defined

PRESUMPTIONS AS TO DOCUMENTS
Scope of Sections 79-90
• Deals with two kinds of presumptions i.e. obligatory and permissive
• Obligatory presumptions are contained in Sections 79-85 and Section 89
• Court is bound to take the fact as proved until evidence is given to
disprove it
• Hence, court shall presume a certain fact in regard to a document
• Permissive presumptions are contained in Sections 86-88 and 90
• Court may consider the facts as proved until the contrary is shown
Connected section 4 refer bareact
Scope of s 79 - Presumption as to genuineness of certified copies - Section gives
statutory presumption with regard to genuineness of certified copies
• It also provides that all acts presumed to be rightly done
• Certified copy can thus be provided in proof of the original
Scope of s 80 - Presumption as to documents produced as record of evidence.
• Three presumptions
• Document is genuine
• Any statement as to circumstances under which it was taken
purporting to be made by the person signing it is true
• The depositions or statement of confession were duly taken
Evidence must be given during judicial proceedings
• Police investigation is not a judicial proceeding
Scope of s 81 - Presumption as to Gazettes, newspapers, private Acts of
Parliament and other documents. –
• Gazette is an official record and its genuineness is presumed unless
rebutted
• Newspaper is not proof as to the facts and is merely hearsay unless the
make of the statement deposes in court
• Presumption is only attached to the genuineness of the newspaper alone
• Section 81-A extends presumption to Gazettes in electronic form

Section 82 -90 REFER TO BAREACT NOTHING IN PPT